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AETNA PPO PLAN - My Benefits Portfolio - Trinity Health

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<strong>AETNA</strong> <strong>PPO</strong> <strong>PLAN</strong><br />

SUMMARY <strong>PLAN</strong> DESCRIPTION<br />

EFFECTIVE JANUARY 1, 2011


CONTENTS<br />

Purpose..................................................................................................................................... 1<br />

Highlights ................................................................................................................................. 1<br />

Terms You Should Know ........................................................................................................ 2<br />

Eligibility ................................................................................................................................. 12<br />

Eligible Associates ............................................................................................................. 12<br />

Eligible Dependents ........................................................................................................... 12<br />

Continuation of Coverage for Ill Students: Michelle’s Law ................................................. 13<br />

Qualified Medical Child Support Orders............................................................................. 13<br />

Who’s Not Eligible.............................................................................................................. 13<br />

Participation ........................................................................................................................... 14<br />

When Participation Begins................................................................................................. 14<br />

Making Benefit Elections.................................................................................................... 15<br />

Special Enrollment Periods................................................................................................ 15<br />

Change in Status................................................................................................................ 16<br />

Enrolling After You Waive Participation ............................................................................. 18<br />

Leaves of Absence............................................................................................................. 18<br />

Rehired Associates ............................................................................................................ 18<br />

When Coverage Ends........................................................................................................ 18<br />

Coordination of <strong>Benefits</strong> .......................................................................................................20<br />

Coordinating With Another Employer’s Plan...................................................................... 20<br />

Guidelines to Determine Which Plan is Primary and Secondary ....................................... 20<br />

Coordination with Medicare................................................................................................ 21<br />

Updating COB Information – Your Responsibility .............................................................. 22<br />

Specific Information About Your COB................................................................................ 23<br />

Filing COB Claims to Your Secondary Carrier ................................................................... 23<br />

No-Fault Auto Coverage .................................................................................................... 23<br />

Submitting Coordinated Claims.......................................................................................... 23<br />

Continuation of Group <strong>Health</strong> Coverage ............................................................................ 24<br />

Qualifying Events ............................................................................................................... 24<br />

Election of Coverage.......................................................................................................... 25<br />

Requirements for All Notices.............................................................................................. 25<br />

Cost of Continuation of Coverage ...................................................................................... 26<br />

Termination of Continuation of Coverage .......................................................................... 26<br />

Trade Act of 1974............................................................................................................... 26<br />

USERRA Continuation Coverage ...................................................................................... 27<br />

If You Have Questions ....................................................................................................... 27<br />

Keep the Plan Informed of Address Changes.................................................................... 27<br />

Plan Administration Information .......................................................................................... 28<br />

Employment Rights............................................................................................................ 28<br />

No Warranty of <strong>Health</strong> Care Providers............................................................................... 28<br />

Designation of Fiduciary Responsibility ............................................................................. 28<br />

<strong>Health</strong> Insurance Portability and Accountability Act of 1996 (HIPAA)................................ 28<br />

Newborns’ and Mothers’ <strong>Health</strong> Protection Act of 1996..................................................... 30


Women’s <strong>Health</strong> and Cancer Rights Act of 1998............................................................... 30<br />

Plan Administrator Powers................................................................................................. 31<br />

Filing a Claim for <strong>Benefits</strong> and Review Procedures ........................................................... 31<br />

How to Submit a Claim for <strong>Benefits</strong> ................................................................................... 31<br />

Reporting of Claims............................................................................................................32<br />

Claims, Appeals and External Review ............................................................................... 32<br />

Filing <strong>Health</strong> Claims Under the Plan ............................................................................ 32<br />

Other Claims ................................................................................................................ 32<br />

<strong>Health</strong> Claims: Standard Appeals ................................................................................ 33<br />

Exhaustion of Internal Appeals Process ...................................................................... 33<br />

Full and Fair Review of Claim Determinations and Appeals ........................................ 33<br />

<strong>Health</strong> Claims: Voluntary Appeals...................................................................................... 34<br />

External Review ........................................................................................................... 34<br />

Request for External Review........................................................................................ 35<br />

Preliminary Review ...................................................................................................... 35<br />

Referral to ERO............................................................................................................ 36<br />

Expedited External Review .......................................................................................... 36<br />

Referral of Expedited Review to ERO.......................................................................... 37<br />

Legal Action ....................................................................................................................... 37<br />

Subrogation and Right of Reimbursement ......................................................................... 37<br />

Amendment or Termination of the Plan ............................................................................. 39<br />

State of Michigan Disclosure Requirement ........................................................................ 40<br />

Employee Retirement Income Security Act of 1974 (ERISA)<br />

Statement of Participant Rights ........................................................................................ 41<br />

Important Information About the Plan ................................................................................. 43<br />

How Services Are Paid Through the Plan ........................................................................... 44<br />

Covered Medical Expenses................................................................................................... 45<br />

How Will You Benefit From Choosing a Network Provider? .............................................. 45<br />

What Happens If You Are Not Able to Use a Network Provider?....................................... 45<br />

What Is The Plan Deductible?............................................................................................ 46<br />

What Is Your Out-of-Pocket Maximum Expense?.............................................................. 46<br />

<strong>Health</strong> Management Services............................................................................................ 46<br />

Case Management............................................................................................................. 47<br />

Pre-Certification of Services............................................................................................... 47<br />

Mental Disorders and/or Substance Abuse........................................................................ 48<br />

Explanation of Some Important Plan Provisions ................................................................ 48<br />

Genetic Testing/Screening and Counseling....................................................................... 49<br />

Hospital Expenses ............................................................................................................. 50<br />

Inpatient Hospital Expenses......................................................................................... 50<br />

Outpatient Hospital Expenses...................................................................................... 50<br />

Outpatient Surgical Expenses...................................................................................... 51<br />

Outpatient Services and Supplies ................................................................................ 51<br />

Convalescent Facility Expenses ........................................................................................ 51<br />

Home <strong>Health</strong> Care Expenses............................................................................................. 52<br />

Preventive Physical Exam Expenses................................................................................. 53


Preventive Hearing Exam Expenses.................................................................................. 54<br />

Hospice Care Expenses..................................................................................................... 55<br />

Outpatient Short-Term Rehabilitation Expense Coverage ................................................. 56<br />

Prescription Drugs.............................................................................................................. 57<br />

Filing Claims................................................................................................................. 60<br />

Claims Appeal Procedures........................................................................................... 61<br />

External Review ........................................................................................................... 62<br />

Non-Surgical Weight Loss Programs/Smoking Cessation ................................................. 62<br />

Spinal Disorder Treatment Benefit ..................................................................................... 63<br />

Other Medical Expenses.................................................................................................... 63<br />

Complex Imaging Services ................................................................................................ 64<br />

National Medical Excellence Program (NME) .................................................................... 64<br />

Travel Expenses .......................................................................................................... 64<br />

Lodging Expenses........................................................................................................ 64<br />

Travel and Lodging Benefit Maximum.......................................................................... 65<br />

Limitations ....................................................................................................................65<br />

Weight Management.......................................................................................................... 65<br />

Limitations.......................................................................................................................... 66<br />

Preventive Mammogram .............................................................................................. 66<br />

Preventive Screening for Cancer ................................................................................. 66<br />

Mouth, Jaws and Teeth................................................................................................ 66<br />

Emergency Room Treatment ....................................................................................... 68<br />

Treatment By An Urgent Care Provider ....................................................................... 68<br />

Treatment of Alcoholism, Drug Abuse, or Mental Disorders ........................................ 69<br />

General Exclusions................................................................................................................ 70


PURPOSE<br />

This document, along with other referenced documents (e.g., <strong>Benefits</strong> Summary, etc.), constitutes the<br />

Summary Plan Description for the health care coverage under the Medical Program component of Plan<br />

504 of the <strong>Trinity</strong> <strong>Health</strong> Welfare Benefit Plan that is provided through the Aetna Life Insurance Company<br />

(“Aetna”) Preferred Provider Organization (“<strong>PPO</strong>”) <strong>Health</strong> Care Plan (“Plan”). This Summary Plan<br />

Description (“SPD”) is intended to provide you with an overview of important information about the Plan.<br />

Coverage through this Plan is offered to benefits-eligible Associates of <strong>Trinity</strong> <strong>Health</strong> (“<strong>Trinity</strong> <strong>Health</strong>”) and<br />

the <strong>Trinity</strong> <strong>Health</strong> Ministry Organizations that have adopted the Plan and their eligible Dependents.<br />

This SPD may be an electronic version of the SPD on file with <strong>Trinity</strong> <strong>Health</strong> and Aetna. In case of any<br />

discrepancy between an electronic version of this SPD and the printed version on file with <strong>Trinity</strong> <strong>Health</strong>,<br />

the terms set forth in the printed version on file with <strong>Trinity</strong> <strong>Health</strong> will prevail. In addition, in case of any<br />

discrepancy between the SPD (electronic or printed) and the actual Plan document, the Plan document<br />

will prevail. To obtain a printed copy of this SPD and/or the Plan document, please contact the Plan<br />

Administrator.<br />

HIGHLIGHTS<br />

This SPD features:<br />

• Terms you should know<br />

• Eligibility and participation rules<br />

• An explanation of how your medical benefits may coordinate with other medical coverage<br />

• Details about continuing group health coverage<br />

• An understanding of the administration of the Plan<br />

• An overview of your rights required by federal law<br />

• Contact information<br />

• Highlights of your medical and Prescription Drug coverage<br />

1


TERMS YOU SHOULD KNOW<br />

It is important that you understand how the Plan works and your rights as a Covered Individual. Important<br />

terms are defined below. These defined terms will be capitalized throughout the document for your<br />

convenience. Any references to “you” or “your” in this SPD are references to the eligible Associate unless<br />

the context clearly indicates otherwise.<br />

<strong>AETNA</strong><br />

A leading Provider of health care, dental, pharmacy, life, and disability insurance dedicated to helping<br />

people achieve health and financial security by providing easy access to safe, cost-effective, high-quality<br />

health care and protecting their finances against health-related risks.<br />

ALLOGENEIC (ALLOGENIC) TRANS<strong>PLAN</strong>T<br />

A procedure using another person’s bone marrow or peripheral blood stem cells to transplant into the<br />

patient (including syngeneic transplants, when the donor is the identical twin of the patient).<br />

ANNUAL OPEN ENROLLMENT<br />

Annual Open Enrollment is the period of time each year when you may enroll yourself and your eligible<br />

Dependents for coverage, make applicable changes to your existing coverage, and terminate coverage,<br />

effective as of the first day of the next Plan Year.<br />

ASSOCIATE<br />

A person who is employed by an Employer as a common law employee.<br />

AUTHORIZED REPRESENTATIVE<br />

A Physician rendering the service for which a bill is submitted, (but not a designee of the Physician) or a<br />

person who a Covered Individual has authorized in writing to act on his or her behalf. If a claim is an urgent<br />

care pre-service claim, the Plan will consider a <strong>Health</strong> Care Professional with knowledge of a claimant’s<br />

medical condition as an Authorized Representative.<br />

If a Covered Individual wishes to authorize another person (e.g., family member) to act on his or her behalf<br />

on matters that relate to filing of benefit claims, notification of benefit determinations, and/or appeal of benefit<br />

denials, he or she must first notify the Plan Administrator of such authorization by providing a completed<br />

Notice of Authorized Representative form. The Notice of Authorized Representative form can be obtained<br />

from your Employer or the Plan Administrator. The Plan Administrator or its delegate will also recognize a<br />

court order giving a person authority to act on a Covered Individual’s behalf<br />

AUTOLOGOUS TRANS<strong>PLAN</strong>T<br />

A procedure using the patient’s own bone marrow or peripheral blood stem cells for transplantation back<br />

into the patient.<br />

BEHAVIORAL HEALTH PROVIDER<br />

A licensed organization or professional providing diagnostic, therapeutic or psychological services for<br />

behavioral health conditions.<br />

CLAIMS ADMINISTRATOR<br />

An entity that reviews and determines whether to pay claims under the Plan. The Plan has different<br />

Claims Administrators based on the type of claim. The Claims Administrator for each type of claim is<br />

responsible for claim processing within the time periods listed for initial claims determination as well as for the<br />

final decision for any appeal filed in response to an adverse benefit determination. Each is independently<br />

responsible for notifying you of the adverse benefit determination, based on the type of claim, as well as<br />

reviewing any appeal you may make.<br />

2


COBRA<br />

Continuation coverage as required by the Consolidated Omnibus Reconciliation Act of 1985<br />

COINSURANCE<br />

A Covered Individual pays a percentage of his or her expenses after his or her Deductible is met. The<br />

portion that a Covered Individual pays is called Coinsurance. The Plan pays the remaining percentage.<br />

COMPANION<br />

This is the person whose presence as a Companion or caregiver is necessary to enable an NME patient who<br />

receives services in connection with an NME procedure or treatment on an Inpatient or out of patient basis; or<br />

who travels to and from the facility where treatment is given.<br />

CONVALESCENT FACILITY<br />

This is an institution that is licensed to provide, and does provide, the following on an Inpatient basis for<br />

persons convalescing from disease or Injury: professional nursing care by a R.N., or by a L.P.N directed by a<br />

full time R.N.; and physical restoration services to help patients to meet a goal of self-care in daily living<br />

activities. It provides 24 hour a day nursing care by licensed nurses directed by a full-time R.N. and is<br />

supervised full-time by a Physician or R.N. This institution keeps a complete medical record on each patient,<br />

has a utilization review plan and makes charges. It is not mainly a place for rest, for the aged, for drugs<br />

addicts, for alcoholics, for metal retardates, for custodial or educational care, or for care of Mental Disorders.<br />

COPAYMENT (OR COPAY)<br />

A Copayment is a cost-sharing arrangement in which a Covered Individual pays a fixed amount for a<br />

specific service. For example, when a Covered Individual has a Physician’s office visit, the Covered<br />

Individual will pay a flat dollar fee for the visit. The Plan pays the remaining expenses.<br />

COVERED EXPENSE<br />

A Covered Expense is the reasonable fee for a Covered Service. Some Covered Expenses are subject to<br />

certain limitations.<br />

COVERED INDIVIDUAL<br />

An eligible Associate or eligible Dependent who is enrolled in the Plan.<br />

COVERED SERVICES<br />

Services, treatments or supplies identified as payable under the Plan. Covered Services must be<br />

Medically Necessary to be payable, unless otherwise specified.<br />

CUSTODIAL CARE<br />

This means services and supplies furnished to a person mainly to help him or her in the activities of daily life.<br />

This includes room and board and other institutional care. The person does not have to be disabled. Such<br />

services and supplies are Custodial Care without regard to by whom they are prescribed or recommended<br />

and by whom or by which they are performed.<br />

DEDUCTIBLE<br />

A Deductible is the amount a Covered Individual pays each Plan Year before the Plan starts to pay its<br />

portion of the Covered Individual’s expenses. The Plan includes one Deductible for Covered Expenses.<br />

There’s no deductible required for prescription drugs.<br />

The deductible is satisfied on a calendar year basis with expenses from January through December. Any<br />

expense applied toward the deductible during the last three months of the calendar year may be applied<br />

towards the deductible for the following year.<br />

3


When an individual’s coverage becomes effective during a calendar year, the Deductible will apply only to<br />

expenses that are incurred after the coverage effective date. Network Copayments and Prescription Drug<br />

Copayments cannot be used to satisfy the Plan’s calendar year Deductible. Expenses applied toward the<br />

non-Network Deductible will be used to satisfy the Network deductible, and expenses applied to the Network<br />

Deductible will be applied to the non-Network Deductible.<br />

DENTIST<br />

This means a legally qualified Dentist. Also, a Physician who is licensed to do the dental work he or she<br />

performs.<br />

DEPENDENT<br />

Dependents include your eligible spouse and eligible child(ren) as set forth in the Eligibility section of this<br />

SPD.<br />

EFFECTIVE TREATMENT OF ALCOHOLISM OR DRUG ABUSE<br />

This means a program of alcoholism or drug abuse therapy that is prescribed and supervised by a Physician<br />

and either has a follow-up therapy program directed by a Physician on at least a monthly basis; or includes<br />

meeting at least twice a month with an organization devoted to the treatment of alcoholism or drug abuse.<br />

Not effective treatments are Detoxification, which means mainly treating the aftereffects of a specific episode<br />

of alcoholism or drug abuse; and Maintenance care, which means providing an environment free of alcohol or<br />

drugs.<br />

EFFECTIVE TREATMENT OF A MENTAL DISORDER<br />

This is a program that is prescribed and supervised by a Physician; and is for a disorder that can be favorably<br />

changed.<br />

EMERGENCY<br />

An Emergency is a sudden, serious, and unexpected onset of a medical condition, having symptoms so<br />

acute and of such severity as to require immediate medical attention to prevent permanent danger to<br />

one’s health or other serious medical results, impairment to bodily function or permanent lack of function<br />

of bodily organs or appendages. An Emergency may or may not require Hospital admission, and<br />

treatment must be approved by a Physician or surgeon.<br />

EMERGENCY CARE<br />

This means the treatment given in a Hospital’s emergency room to evaluate and treat medical conditions of a<br />

recent onset and severity, including, but not limited to, severe pain, which would lead a prudent layperson<br />

possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or<br />

Injury is such a nature that failure to get immediate medical care could result in placing the person’s health in<br />

serious jeopardy; or serious impairment to bodily function; or serious dysfunction to bodily part or organ; or in<br />

the case of a pregnant women, serious jeopardy to the health of the fetus.<br />

EMPLOYER<br />

The Employer is <strong>Trinity</strong> <strong>Health</strong> and, where applicable and appropriate, the <strong>Trinity</strong> <strong>Health</strong> Ministry<br />

Organizations that have adopted the Plan.<br />

EXPERIMENTAL OR INVESTIGATIVE<br />

A service, procedure, treatment, device or supply that has not been scientifically demonstrated to be safe<br />

and effective for treatment of the patient’s condition. Aetna makes this determination based on a review of<br />

established criteria such as:<br />

• Opinions of local and national medical societies, organizations, committees or governmental bodies;<br />

• Accepted national standards of practice in the medical profession;<br />

4


• Scientific data such as controlled studies in peer review journals or literature; and<br />

• Opinions of the Blue Cross and Blue Shield Association (“BCBSA”) or other local or national bodies.<br />

The BCBSA is an Association of independent Blue Cross Blue Shield Plans that licenses individual plans<br />

to offer health benefits under the Blue Cross Blue Shield name and logo. The association establishes<br />

uniform financial standards but does not guarantee an individual plan's financial obligations.<br />

GENETIC COUNSELOR<br />

<strong>Health</strong> Care Professional with specialized graduate degrees and experience in medical genetics and<br />

counseling. It is the Genetic Counselor’s role to provide information to the individual or family regarding the<br />

Genetic Disorder.<br />

GENETIC DISORDER<br />

A disease caused in whole or in part by a variation or mutation of a gene. Genetic disorders can be passed<br />

on to family members who inherit the genetic abnormally.<br />

HEALTH CARE PROFESSIONAL<br />

A Physician or other <strong>Health</strong> Care Professional licensed, accredited, or certified to perform specific health<br />

services consistent with state law.<br />

HOME HEALTH CARE<br />

A Home <strong>Health</strong> Care Plan is a plan for the care and treatment of a Covered Individual in his or her home.<br />

To qualify, the plan must be established and approved in writing by a Physician who certifies that the<br />

Covered Individual would require confinement in a Hospital or skilled nursing facility if he or she did not<br />

have the care or treatment stated in the plan.<br />

HOME HEALTH CARE AGENCY<br />

This is an agency that mainly provides nursing and other therapeutic services; and is associated with a<br />

professional group which makes policy; this group must have at least one Physician and one R.N. It has fulltime<br />

supervision by a Physician or a R.N. and full-time administrator. This agency keeps complete medical<br />

records on each person and meets licensing standards.<br />

HOSPICE CARE<br />

Hospice Care is a plan, in writing, by the attending Physician for home or Inpatient Hospice Care that<br />

treats the special needs of a terminally ill person and his or her family.<br />

HOSPICE CARE AGENCY<br />

This is an agency or organization which has Hospice Care available 24 hours a day and meets any incensing<br />

or certification standards set forth by the jurisdiction where it provides skilled nursing and medical social<br />

services; and psychological and dietary counseling. Also provides or arranges for other services which will<br />

include: services of a Physician; physical and occupational therapy; part-time home health aide services<br />

which mainly consist of caring for terminally ill persons; and Inpatient care in a facility when needed for pain<br />

control and acute and chronic symptom management. This agency has personnel which include at least one<br />

Physician, one R.N. and one licensed or certified social worker employed by the Agency. It establishes<br />

policies governing the provision of Hospice Care and assesses the patient’s medical and social needs. The<br />

Hospice Care Agency develops a Hospice Care program to meet those needs and provides an ongoing<br />

quality assurance program. This includes reviews by Physicians, other than those who own or direct the<br />

Agency. This Agency permits all area medical personnel to utilize its services for their patients and keeps a<br />

medical record on each patient. It utilizes volunteers that are trained in providing services for non-medical<br />

needs and has a full-time administrator.<br />

5


HOSPICE FACILITY<br />

This is a facility or distinct part of one, which mainly provides Inpatient Hospice Care to terminally ill persons<br />

and provides an ongoing quality assurance program; this includes reviews by Physicians other than those<br />

who own or direct the facility. This facility keeps a medical record on each patient, charges its patients, and<br />

meets any licensing or certification standards set forth by the jurisdiction where it is. This facility is run by a<br />

staff of Physicians; at least one such Physician must be on call at all times and a full-time administrator. This<br />

facility provides 24 hour a day, nursing services under the direction of a R.N.<br />

HOSPITAL<br />

A Hospital is a public or private facility that is licensed to operate according to specific legal requirements.<br />

It must provide care and treatment by Physicians and nurses for an Illness or Injury using medical,<br />

surgical and diagnostic facilities on its premises. A Hospital can also include tuberculosis facilities,<br />

psychiatric facilities and Substance Abuse treatment facilities that are licensed to operate according to<br />

specific legal requirements.<br />

ILLNESS<br />

Illness is a sickness or disease that requires treatment by a Physician. Illness in this summary plan<br />

description includes mental illness and pregnancy.<br />

INJURY<br />

A sudden, unexpected and unforeseen bodily harm that occurs solely through external bodily contact.<br />

(Strains and spasms are considered an Illness rather than an Injury.)<br />

INPATIENT<br />

Services are considered Inpatient if they are provided while a Covered Individual receives treatment in a<br />

Hospital or other health care facility and incurs room and board charges.<br />

L.P.N.<br />

This means a licensed practical nurse.<br />

LATE ENROLLEE<br />

This is an Associate in an Eligible Class who requests enrollment under this Plan after the Initial Enrollment<br />

Period. In addition, this is an eligible Dependent for whom the Associate did not elect coverage within the<br />

Initial Enrollment Period, but for whom coverage is elected at a later time.<br />

However, an eligible Associate or Dependent may not be considered a Late Enrollee under certain<br />

circumstances. See the Special Enrollment Periods section.<br />

MEDICALLY NECESSARY<br />

All Covered Services under the Plan are subject to the requirement of being Medically Necessary and<br />

subject to uniform standards of medical practice. This means:<br />

• The service is for the treatment or diagnosis of symptoms of an Injury, Illness, condition or disease;<br />

• The service is consistent with the diagnosis and is appropriate for the symptoms;<br />

• The type, level and length of care, the treatment or medical supply, and the setting are needed to<br />

provide safe and adequate care;<br />

• The service is commonly and usually noted throughout the medical field as proper to treat or<br />

diagnose the condition, disease, Injury or Illness; and<br />

• The care is not Experimental or Investigational as determined by the Plan’s Claims Administrator (see<br />

page four for further details).<br />

6


A service or supply is not Medically Necessary if made, prescribed, or delivered mainly for the<br />

convenience of the patient or Provider. The fact that a Physician has prescribed a procedure or treatment<br />

does not mean that it is Medically Necessary.<br />

MENTAL DISORDER<br />

This is a disease commonly understood to be a Mental Disorder whether or not it has a physiological or<br />

organic basis and for which treatment is generally provided by or under the direction of a mental health<br />

professional such as a psychiatrist, a psychologist or a psychiatric social worker. A Mental Disorder includes;<br />

but is not limited to: alcoholism and drug abuse, schizophrenia, bipolar disorder, Pervasive Mental<br />

Development Disorder (Autism), panic disorder, major depressive disorder, psychotic depression, obsessive<br />

compulsive disorder. For the purpose of benefits under this Plan, metal disorder will include alcoholism and<br />

drug abuse only if any separate benefit for a particular type of treatment does not apply to alcoholism and<br />

drug abuse.<br />

MORBID OBESITY<br />

This means a Body Mass Index that is; greater than 40 kilograms per meter squared; or equal to or greater<br />

than 35 kilograms per meter squared with a comorbid medical condition, including: hypertension; a<br />

cardiopulmonary condition; sleep apnea; or diabetes.<br />

NEGOTIATED CHARGE<br />

This is the maximum charge a Preferred Care has agreed to make as to any service or supply for the<br />

purpose of the benefits under this Plan.<br />

NETWORK<br />

A Network is a group of Physicians, Hospitals, pharmacies, and other health care Providers that have<br />

agreed to provide health care services subject to negotiated fee arrangements.<br />

ORTHODONTIC TREATMENT<br />

This is any medical service or supply; or dental service or supply; furnished to prevent or to diagnose or to<br />

correct a misalignment of the teeth, bite, jaws or jaw joint relationship; whether or not for the purpose of<br />

relieving pain. It does not include the installation of a space maintainer or a surgical procedure to correct<br />

malocclusion.<br />

OUT-OF-POCKET MAXIMUM<br />

The Out-of-Pocket Maximum is the most a Covered Individual will pay for Covered Expenses during a<br />

Plan Year.<br />

OUTPATIENT<br />

Services are considered Outpatient if they are provided while a Covered Individual receives treatment<br />

either outside a Hospital or other health care Provider or in a Hospital or other health care Provider but<br />

the Covered Individual does not incur room and board charges.<br />

PHYSICIAN<br />

A Physician is a doctor of medicine (M.D.) or osteopathy (D.O.) legally qualified and licensed to practice<br />

medicine or osteopathic medicine and/or perform Surgery at the time and place a service is rendered or<br />

performed. The term Physician may also include categories of limited practice professionals who are<br />

legally qualified and licensed as specified elsewhere in this document.<br />

<strong>PLAN</strong><br />

The Plan is the health care coverage under the Medical Program component of Plan 504 of the <strong>Trinity</strong><br />

<strong>Health</strong> Welfare Benefit Plan that is provided through the Aetna Life Insurance Company (“Aetna”)<br />

Preferred Provider Organization (“<strong>PPO</strong>”) <strong>Health</strong> Care Plan.<br />

7


<strong>PLAN</strong> ADMINISTRATOR<br />

<strong>Trinity</strong> <strong>Health</strong><br />

<strong>PLAN</strong> YEAR<br />

The Plan Year is the 12-month period beginning on January 1 and ending on the following December 31.<br />

You have the opportunity to change your medical coverage during the Annual Open Enrollment period<br />

before the new Plan Year begins.<br />

PREFERRED CARE<br />

This is a health care service or supply furnished by a person’s Primary Care Physician or any other Preferred<br />

Care Provider. Also furnished by a person’s Primary Care Physician prior to treatment and a Non-Preferred<br />

Urgent Care Provider when travel to a Preferred Urgent Care Provider for treatment is not feasible. Preferred<br />

Care is also care, which is recommended and approved by the BHCC.<br />

PREFERRED CARE PROVIDER<br />

This is a health care provider that has contracted to furnish services or supplies for a Negotiated Charge; but<br />

only if the provider is, with Aetna’s consent, including in the directory as a Preferred Care Provider for the<br />

service or supply involved; and the class of associates of which you are member.<br />

PRESCRIPTION DRUG<br />

Those drugs approved by the Food and Drug Administration of the United States which require a written<br />

prescription by a Physician or Dentist and which bear the legend, “Caution: Federal law prohibits<br />

dispensing without a prescription.”<br />

PRIMARY CARE PHYSICIAN<br />

This is the Preferred Care Provider who is selected by a person from the list of Primary Care Physicians in<br />

the directory, is responsible for the person’s on-going health care; and is shown on Aetna’s records as the<br />

person’s Primary Care Physicians.<br />

PROVIDER<br />

A person (such as a Physician) or a facility (such as a Hospital) that provides services or supplies related<br />

to medical care.<br />

• <strong>Trinity</strong> <strong>Health</strong> Facilities – <strong>Trinity</strong> <strong>Health</strong>’s facilities, its Ministry Organization’s Hospitals and satellite<br />

locations.<br />

• Network Providers – Hospitals, Physicians and other licensed facilities or <strong>Health</strong> Care Professionals<br />

who have contracted with Aetna to provide services to members enrolled in a <strong>PPO</strong> health care Plan.<br />

Network Providers have agreed to accept Aetna’s approved amount as payment in full for Covered<br />

Services.<br />

• Nonparticipating (Out-of-Network) Providers — Providers who are not part of the Aetna <strong>PPO</strong><br />

provider Network. Out-of-Network Providers have not signed participation agreements with Aetna<br />

agreeing to accept the Aetna payment as payment in full. However, nonparticipating Providers may<br />

agree to accept the Aetna approved amount as payment in full on a per claim basis. However,<br />

because these Providers are not a part of the <strong>PPO</strong> Network, you must pay higher out-of-pocket costs.<br />

R.N.<br />

This means a registered nurse.<br />

REASONABLE CHARGE<br />

The Reasonable Charge for a service or supply is the lowest of the Provider’s usual charge for furnishing it;<br />

and the charge Aetna determines to be appropriate, based on factors such as the cost of providing the same<br />

or a similar service or supply and the manner in which charges for the service or supply are made; and the<br />

8


charge Aetna determines to be the prevailing charge level made for it in the geographic area where it is<br />

furnished. In determining the Reasonable Charge for a service or supply that is unusual, not often provided in<br />

the area or provided by only a small number of Providers in the area. Aetna may take into account factors,<br />

such as the complexity, degree of skill needed, type of specialty of the Provider, range of services or supplies<br />

provided by a facility, and prevailing charge in other areas. In some circumstances, Aetna may have an<br />

agreement with a Provider (either directly, or indirectly through a third party), which sets the rate that Aetna<br />

will pay for a service or supply. In these instances, in spite of the methodology described above, the<br />

Reasonable Charge is the rate established in such agreement.<br />

RESIDENTIAL TREATMENT FACILITY – ALCOHOLISM AND DRUG ABUSE<br />

This is an institution that meets all of the following requirements:<br />

• On-site licensed Behavioral <strong>Health</strong> Provider 24 hours per day/seven days a week<br />

• Provides a comprehensive patient assessment (preferably before admission, but at least upon<br />

admission)<br />

• Is admitted by a Physician<br />

• Has access to necessary medical services 24 hours per day/seven days a week<br />

• If the member requires detoxification services, must have the availability of on-site medical treatment 24<br />

hours per day/seven days a week, which must be actively supervised by an attending Physician<br />

• Provides living arrangements that foster community living and peer interaction that are consistent with<br />

developmental needs<br />

• Offers group therapy sessions with at least an RN or Masters-Level <strong>Health</strong> Professional<br />

• Has the ability to involve family/support systems in therapy (required for children and adolescents;<br />

encouraged for adults)<br />

• Provides access to at least weekly sessions with a Psychiatrist or psychologist for individual<br />

psychotherapy<br />

• Has peer oriented activities<br />

• Services are managed by a licensed Behavioral <strong>Health</strong> Provider who, while not needing to be individually<br />

contracted, needs to (1) meet the Aetna credentialing criteria as an individual practitioner, and (2)<br />

function under the direction/supervision of a licensed psychiatrist (Medical Director)<br />

• Has individual active treatment plan directed toward the alleviation of the impairment that caused the<br />

admission<br />

• Provides a level of skilled intervention consistent with patient risk<br />

• Meets any and all applicable licensing standards established by the jurisdiction in which it is located<br />

• Is not a Wilderness Treatment Program or any such related or similar program, school and/or education<br />

service<br />

• Ability to assess and recognize withdrawal complications that threaten life or bodily functions and to<br />

obtain needed services either on site or externally<br />

• 24-hours per day/seven days a week supervision by a Physician with evidence of close and frequent<br />

observation<br />

• On-site, licensed Behavioral <strong>Health</strong> Provider, medical or substance abuse professionals 24 hours per<br />

day/seven days a week<br />

9


RESIDENTIAL TREATMENT FACILITY – MENTAL DISORDERS<br />

This is an institution that meets all of the following requirements:<br />

• On-site licensed Behavioral <strong>Health</strong> Provider 24 hours per day/seven days a week<br />

• Provides a comprehensive patient assessment (preferably before admission, but at least upon<br />

admission)<br />

• Is admitted by a Physician<br />

• Has access to necessary medical services 24 hours per day/seven days a week<br />

• Provides living arrangements that foster community living and peer interaction that are consistent with<br />

developmental needs<br />

• Offers group therapy session with at least an RN or Masters-Level <strong>Health</strong> Professional<br />

• Has the ability to involve family/support systems in therapy (required for children and adolescents;<br />

encouraged for adults)<br />

• Provides access to at least weekly sessions with a Psychiatrist or psychologist for individual<br />

psychotherapy<br />

• Has peer oriented activities<br />

• Services are managed by a licensed Behavior <strong>Health</strong> Provider who, while not needing to be individually<br />

contracted, needs to (1) meet the Aetna credentialing criteria as an individual practitioner, and (2)<br />

function under the direction/supervision of a licensed psychiatrist (medial Director)<br />

• Has individualized active treatment plan directed toward the alleviation of the impairment that caused the<br />

admission<br />

• Provides a level of skilled intervention consistent with patient risk<br />

• Meets any and all applicable licensing standards established by the jurisdiction in which it is located<br />

• Is not a Wilderness Treatment Program or any such related or similar program, school and/or education<br />

service<br />

SURGERY<br />

A cutting operation, suturing of a wound, treatment of a fracture, relocation of dislocation, radiotherapy (if<br />

used in lieu of a cutting operation) diagnostic and therapeutic endoscopic procedures, laser surgery, and<br />

injections classified a Surgery under the CPT.<br />

URGENT CARE PROVIDER<br />

This is a freestanding medical facility which provides unscheduled medical services to treat an Urgent<br />

Condition if the person’s Physician is not reasonable available, routinely provides ongoing unscheduled<br />

medical services for more than eight consecutive hours and makes charges. They are licensed and certified<br />

as required by any state or federal law or regulation. They keep a medical record on each patient. Urgent<br />

Care Provider provides an ongoing quality assurance program, which includes reviews by Physicians other<br />

than those who own or direct the facility. Its run by a staff of Physicians, at least on Physician must be on call<br />

at all times and has a full-time administrator who is licensed Physician. Similar to a Physician’s office, but only<br />

one that has contracted with Aetna to provide urgent care; and is with Aetna’s consent, included in the<br />

directory as Preferred Urgent Care Provider. It is not the emergency room or Outpatient department of a<br />

hospital.<br />

10


URGENT CONDITION<br />

This means a sudden Illness; Injury; or condition; that is severe enough to require prompt medical attention to<br />

avoid serious deterioration of the covered person’s health; includes a condition which would subject the<br />

covered person to severe pain that could not be adequately managed without urgent care or treatment; does<br />

not require the level of care provided in the emergency room of a hospital; and requires immediate Outpatient<br />

medical care that cannot be postponed until the covered person’s Physician becomes reasonably available.<br />

11


ELIGIBILITY<br />

ELIGIBLE ASSOCIATES<br />

You are eligible to participate in the Plan if you are a benefits-eligible Associate, as defined in your<br />

Employer’s policy that defines Associate classifications. Please contact your Employer for a copy of its<br />

policy that defines Associate classifications.<br />

ELIGIBLE DEPENDENTS<br />

Your spouse is eligible for coverage under the Plan provided he or she meets both of the following<br />

criteria:<br />

1) The person is legally married to you under applicable State and Federal law and the IRS recognizes<br />

the person as your spouse for income tax purposes. A person who is your spouse as a result of a<br />

common law marriage is not eligible for coverage under the Plan.<br />

2) The person is not otherwise covered under the Plan or any other group health plan offered by the<br />

Employer.<br />

Your children are eligible for coverage under the Plan through the end of the Plan Year in which they turn<br />

age 26, regardless of marital status, student status, residency, financial dependency or other<br />

requirements provided they meet both of the following criteria:<br />

1) They are:<br />

• Your natural children;<br />

• Your legally adopted children or children placed with you for adoption;<br />

• Your stepchildren (i.e., the natural or legally adopted children of your legal spouse (as defined<br />

above)); or<br />

• Children for whom you or your legal spouse are the court-appointed legal guardian.<br />

2) They are not otherwise covered under the Plan or any other group health plan offered by the<br />

Employer.<br />

In addition, the children listed above are eligible for coverage under the Plan after they turn age 26 if they<br />

meet all of the following criteria:<br />

1) They are totally and permanently Disabled and become Disabled prior to their 26 th birthday.<br />

2) They are unmarried.<br />

3) They are not otherwise covered under the Plan or any other group health plan offered by the Employer.<br />

4) They are continuously enrolled in a creditable plan prior to their 26 th birthday.<br />

5) They either:<br />

a) Live in the same house as you for more than half of the year and do not provide more than half of<br />

their own support for the year; or<br />

b) Are not anyone’s “qualifying children” for the year (as defined in Internal Revenue Code Section<br />

152(c)) and you provide over half of their support for the year.<br />

To view the complete eligibility rules and documentation requirements for you and your family members,<br />

visit http://mybenefits.trinity-health.org.<br />

12


CONTINUATION OF COVERAGE FOR ILL STUDENTS: MICHELLE’S LAW<br />

Effective January 1, 2010, the Employee Retirement Income Security Act of 1974 (ERISA) includes<br />

Michelle’s Law. To the extent Michelle’s Law is still applicable after the enactment of the Patient<br />

Protection and Affordable Care Act (PPACA) and its implementing regulations, the Plan will not terminate<br />

your covered Dependent child’s coverage if he or she cannot maintain a full-time course load due to a<br />

Medically Necessary leave of absence from school (or a reduction in his or her school hours to part-time<br />

student status for a Medically Necessary reason). A Dependent child is defined as a student enrolled in<br />

post-secondary education before the Medically Necessary leave of absence.<br />

The child will continue to be a Dependent for one year after the first day of any verified Medically<br />

Necessary leave of absence or, if earlier, the date coverage would otherwise terminate under the Plan<br />

because the child does not satisfy the other eligibility requirements for Dependent coverage (e.g.,<br />

because the child attains age 26).<br />

QUALIFIED MEDICAL CHILD SU<strong>PPO</strong>RT ORDERS<br />

The Plan will also provide coverage as required by the terms of a Qualified Medical Child Support Order<br />

(“QMCSO”). This coverage applies even if you do not have legal custody of the child; the child is not<br />

dependent on you for support, and regardless of any enrollment restrictions that may otherwise exist for<br />

Dependent coverage. If the Plan Administrator receives a valid QMCSO and you do not enroll the<br />

Dependent child, the custodial parent or state agency may enroll the affected child. Additionally, the<br />

Employer may withhold from your paycheck any contributions required for such coverage.<br />

A QMCSO is a court order or court-approved settlement agreement that provides for health benefits for a<br />

child of a group health plan participant or enforces one of the mandatory provisions of state law regarding<br />

the provision of health insurance to minors in such cases. A QMCSO gives the child the same rights as<br />

an Associate to receive benefits under a group health plan.<br />

A QMCSO may be either a National Medical Child Support Notice issued by a state child support agency<br />

or an order or a judgment from a state court or administrative body directing the Employer to cover a child<br />

under the Plan. Federal law provides that a QMCSO must meet certain form and content requirements to<br />

be valid. The Plan Administrator follows certain procedures to determine if a child support notice is<br />

“qualified.” You may receive a copy of these procedures at no charge. If you have any questions, or<br />

would like a copy of the child support order qualification procedures, please contact the Plan<br />

Administrator.<br />

WHO’S NOT ELIGIBLE<br />

• Your common law spouse;<br />

• Your legal spouse and/or child(ren) if covered under the Plan or other group health plan offered by<br />

<strong>Trinity</strong> <strong>Health</strong> as an Associate or Dependent;<br />

• Any individual who begins active service in the armed forces of any country, unless coverage is<br />

continued as provided under the Uniformed Services Employment and Reemployment Rights Act of<br />

1994 (“USERRA”); and<br />

• Any individual who does not meet the definition of a benefits-eligible Associate or an eligible<br />

Dependent as described in this Eligibility section of this SPD.<br />

If you are ineligible for coverage, your spouse and your other Dependents are not eligible for coverage.<br />

13


PARTICIPATION<br />

WHEN PARTICIPATION BEGINS<br />

You may elect coverage under the Plan within 30 days of the date you are first eligible for coverage (your<br />

“Initial Enrollment Period”) or during Annual Open Enrollment. If you are a newly hired benefits-eligible<br />

Associate and you elect coverage for yourself during your Initial Enrollment Period (i.e., within 30 days of<br />

your date of hire), your coverage will begin on the first day of the month after 30 days of employment with<br />

your Employer, measured from your date of hire. If you are a newly hired benefits-eligible Associate and<br />

you elect coverage for your eligible Dependents during your Initial Enrollment Period, your eligible<br />

Dependents’ coverage will begin on the same day your coverage begins.<br />

If you become a benefits-eligible Associate, as defined in your Employer’s policy that defines Associate<br />

classifications, after your initial date of hire by your Employer, your coverage will begin on the first day of the<br />

pay period following the date you become a benefits-eligible Associate (or the first day of the pay period<br />

following the date you complete 30 days of employment with your Employer, if later) if you enroll yourself in<br />

the Plan during your Initial Enrollment Period (i.e., within 30 days of the date you become a benefits-eligible<br />

Associate). If you become a benefits-eligible Associate after your initial date of hire by your Employer and<br />

you elect coverage for your eligible Dependents during your Initial Enrollment Period, your eligible<br />

Dependents’ coverage will begin on the same day your coverage begins.<br />

You must enroll yourself in the Plan in order to enroll your Dependents in the Plan.<br />

The following table shows when participation begins for you and your covered Dependents:<br />

Plan participant Qualified for coverage:<br />

New hire First day of the month following 30 days of<br />

employment<br />

New Dependent: Spouse Date of marriage<br />

New Dependent children: Newborn Date of birth through age 26<br />

New Dependent children: Stepchildren Coverage begins date of marriage and continues<br />

through age 26.<br />

New Dependent children: Adopted, placed<br />

for adoption and/or legal guardianship,<br />

Coverage begins on the date of adoption,<br />

placement for adoption, and/or legal guardianship.<br />

Coverage continues through age 26.<br />

Disabled Dependent children Must be Disabled before reaching age 26. To<br />

remain covered under the Plan, you must notify<br />

your Employer by the end of the calendar year in<br />

which the Dependent reaches age 26.<br />

Upon electing coverage under the Plan for your eligible Dependents, you will have 30 days to provide<br />

documentation to verify the eligibility of each of your covered Dependents, including your spouse. The<br />

required documentation is set forth in the <strong>Trinity</strong> <strong>Health</strong> Dependent Verification Documentation<br />

Requirements, a copy of which can be obtained at http://mybenefits.trinity-health.org/<br />

auditdocrequirements.pdf or from the Plan Administrator. Coverage for your Dependents will remain in an<br />

“ineligible” status until appropriate documentation is provided. Failure to provide appropriate<br />

documentation within 30 days will result in the voluntary termination of your election for coverage for your<br />

Dependents.<br />

NOTE: Certification of eligibility may be required periodically for your covered Dependents.<br />

14


During Annual Open Enrollment, you will make elections under the Plan for the following Plan Year.<br />

<strong>Benefits</strong> coverage begins on January 1 of the new Plan Year and remains in effect for the entire Plan<br />

Year (unless you change your coverage due to a special enrollment or change in status event described<br />

below).<br />

NOTE: If you and your spouse are employed by any Employer in a benefits-eligible position, you may<br />

either both elect individual coverage or one of you may cover the other as a Dependent spouse. You<br />

and/or your spouse are not eligible to be covered as both an Associate and a Dependent under the Plan.<br />

In addition, if both you and your spouse are covered as Associates under the Plan, only one of you may<br />

elect coverage for your Dependent children.<br />

MAKING BENEFIT ELECTIONS<br />

When you are eligible to participate in the Plan, you may enroll yourself and your eligible Dependent(s) by<br />

following your Employer’s benefit enrollment process. When you first become eligible to enroll in the Plan and<br />

during each Annual Open Enrollment period, you will be provided more detailed information about the<br />

benefit plan choices, along with instructions about how to enroll and the enrollment deadline.<br />

When you enroll, you will choose your benefit coverage level. Some Employers may offer Individual, Two<br />

person or Family coverage levels from which you can choose. However, some Employers may offer<br />

Employee Only, Employee and Child, Employee and Spouse, and Family coverage levels from which you<br />

can choose.<br />

You and your Employer share the cost of the coverage you elect under the Plan. Your contributions<br />

toward the cost of this coverage will be deducted from your pay and are subject to change. Each year, the<br />

benefit plans and the contributions for coverage are reviewed by <strong>Trinity</strong> <strong>Health</strong> and may be revised.<br />

Information about Associate contributions is provided during Annual Open Enrollment. In addition, current<br />

contribution amounts are available by contacting your Employer’s representative.<br />

If you do not enroll in the Plan during your Initial Enrollment Period, you and your eligible Dependents will<br />

not be eligible to enroll for coverage under the Plan until the next Annual Open Enrollment period (to be<br />

effective on the first day of the next Plan Year) except under the circumstances described in the Special<br />

Enrollment Periods section below or if you and/or your Dependents experience a change in status event<br />

(described below). The Annual Open Enrollment period is held during the fall of each year.<br />

SPECIAL ENROLLMENT PERIODS<br />

If you do not elect coverage under the Plan for yourself and/or your eligible Dependents (including your<br />

spouse) when you are first eligible to do so because of other health insurance coverage, you may enroll<br />

yourself and/or your eligible Dependents in this Plan, if the other coverage is terminated as a result of<br />

loss of eligibility for that coverage or termination of Employer contributions for the other coverage,<br />

provided that you enroll within 30 days after you lose eligibility for the other coverage or the employer<br />

contributions toward that other coverage end.<br />

“Loss of eligibility” includes loss of coverage due to legal separation, death, divorce, termination of<br />

employment in a class eligible for coverage, reduction in hours of employment, an individual ceasing to<br />

be a Dependent under the coverage, termination of a benefit package option, if the coverage is provided<br />

through an HMO, you no longer live or work in the HMO’s service area (and there is no other coverage<br />

available under the plan), the exhaustion of COBRA continuation coverage; and the other employer no<br />

longer contributing toward the cost of such coverage, or the plan no longer offers coverage to a class of<br />

similarly situated individuals that includes you and/or your eligible Dependent (e.g., the plan terminates<br />

coverage for all part-time employees but continues coverage for full-time employees, and you are a parttime<br />

employee).<br />

“Loss of Eligibility” does not include a loss of coverage due to failure to pay premiums or termination for<br />

cause, such as making a fraudulent claim. If you do not elect coverage for yourself and/or your eligible<br />

Dependents when you are first eligible to do so because you and/or your eligible Dependents have<br />

15


COBRA continuation coverage under another plan, you and/or your eligible Dependents must exhaust the<br />

COBRA coverage before you and/or your eligible Dependents may enroll in this Plan under a special<br />

enrollment period.<br />

If you timely enroll, coverage under the Plan for you and/or your eligible Dependents will be effective on<br />

the date the other coverage is terminated. If you do not timely enroll, enrollment for yourself and/or your<br />

new eligible Dependent(s) must wait until the next Annual Open Enrollment period, to be effective at the<br />

beginning of the next Plan Year (unless another event occurs which would allow you to enroll yourself<br />

and/or your new eligible Dependent(s) prior to such time).<br />

If you acquire a new eligible Dependent as a result of marriage, birth, adoption, or placement for<br />

adoption, you will be entitled to special enrollment in the Plan if you meet one of the following conditions:<br />

● Non-Enrolled Associate: If you are an eligible Associate but have not enrolled in the Plan, you may<br />

enroll upon your marriage, or upon the birth, adoption, or placement for adoption of your child.<br />

● Non-Enrolled Spouse: If you are an eligible Associate who is already enrolled in the Plan, you may<br />

enroll your spouse at the time of his or her marriage to you. You may also enroll your spouse if you<br />

acquire a child through birth, adoption, or placement for adoption.<br />

● New Dependents of an Enrolled Associate: If you are an eligible Associate who is already enrolled<br />

in the Plan, you may enroll a child who becomes your eligible Dependent as a result of marriage,<br />

birth, adoption, or placement for adoption.<br />

● New Dependents/Spouse of a Non-Enrolled Associate: If you are an eligible Associate but you are<br />

not enrolled in the Plan, you may enroll a spouse or child, as applicable, who becomes your eligible<br />

Dependent as a result of marriage, birth, adoption, or placement for adoption. However, you (the nonenrolled<br />

Associate) must also be eligible to enroll in the Plan, and actually enroll in the Plan at the<br />

same time.<br />

You must enroll yourself and/or your new eligible Dependent(s) no later than 30 days after the date of the<br />

event that entitles you and/or your eligible Dependent(s) to the special enrollment period. Coverage will<br />

become effective as of the date of the event. If you do not timely enroll, enrollment for yourself and/or<br />

your new eligible Dependent(s) must wait until the next Annual Open Enrollment period, to be effective at<br />

the beginning of the next Plan Year (unless another event occurs which would allow you to enroll yourself<br />

and/or your new eligible Dependent(s) prior to such time).<br />

In addition to the above, under the Children’s <strong>Health</strong> Insurance Program Reauthorization Act of 2009, you<br />

may enroll yourself and/or your eligible Dependent in the Plan if (1) you and/or your eligible Dependent<br />

lose Medicaid or Children’s <strong>Health</strong> Insurance Program (“CHIP”) coverage due to no longer being eligible<br />

for those benefits, or (2) you and/or your eligible Dependent become eligible for premium assistance in<br />

the Plan under a Medicaid program or CHIP. You must enroll in the Plan due to one of these reasons no<br />

later than 60 days after the date of the event that entitles you and/or your eligible Dependent to the<br />

special enrollment period. If you enroll within 60 days after the date of the event, coverage will become<br />

effective as of the date of the event. If you do not timely enroll, enrollment for you and/or your eligible<br />

Dependent must wait until the next Annual Open Enrollment period, to be effective at the beginning of the<br />

next Plan Year (unless another event occurs which would allow you to enroll yourself and/or your new<br />

eligible Dependent prior to such time).<br />

CHANGE IN STATUS<br />

The benefit choices you make are in effect for one entire Plan Year and generally may be changed only<br />

during the Annual Open Enrollment period. Elections you make during Annual Open Enrollment are<br />

effective beginning January 1 of the following Plan Year. The exception to this rule prohibiting election<br />

changes during a Plan Year is the occurrence of a special enrollment event described above or a<br />

qualified change in status event described in this section. Qualified change in status events include the<br />

following:<br />

16


• Change in marital status, including marriage, divorce, legal separation, annulment or death of spouse<br />

• Change in number of Dependents, including birth, death, adoption, and placement for adoption<br />

• Change in employment status of the Associate, spouse or Dependent child that causes you, your<br />

spouse or Dependent child to either gain or lose eligibility for an employer’s benefit program,<br />

including:<br />

o Commencement or termination of employment,<br />

o Change in worksite that removes the affected individual from a benefit plan’s service provider<br />

area,<br />

o Commencement or return from leave of absence, or<br />

o Any employment status change that affects the eligibility of the individual to participate in a<br />

benefit program or plan of an employer, including a change from part-time to full-time employment<br />

or vice-versa, or a change from salaried to hourly pay, or, a strike or lockout.<br />

• Change in residence of the Associate, spouse or Dependent that removes the affected individual from<br />

the Plan’s service provider area (such a change entitles you to make a new Plan election selecting<br />

another coverage option, but generally does not permit you to opt out of coverage entirely unless no<br />

other relevant coverage is available).<br />

• Dependent meeting or ceasing to meet the Plan’s definition of Dependent, such as attainment of a<br />

specified age or a change in the Plan’s eligibility requirements.<br />

• Cost or Coverage - A significant change in the cost or coverage of a benefit plan offered to you, your<br />

spouse or other Dependent, including a new benefit option being added, a benefit option being<br />

eliminated or significantly curtailed, a coverage change made under a plan offered by the Employer or<br />

the employer of your spouse, former spouse or other Dependent, or a significant increase in the cost<br />

of a benefit (such qualified change in status permits you to make a new benefit selection, but does<br />

not allow you to revoke coverage entirely, unless no other similar coverage is available).<br />

• You, your spouse or other Dependent become covered or lose benefit coverage under Medicare or<br />

Medicaid, other than for pediatric vaccines.<br />

• A judgment, decree or order requiring Dependent coverage (e.g., QMCSO).<br />

• A special enrollment right you may be entitled to under the provisions of the <strong>Health</strong> Insurance<br />

Portability and Accountability Act of 1996, as amended (“HIPAA”).<br />

• You commence or return from an unpaid leave of absence as permitted and regulated by the Family<br />

Medical Leave Act (“FMLA”).<br />

• A change in coverage under another employer’s group health plan if the other group health plan<br />

permits participants to make an election change under the circumstances listed above or an election<br />

of coverage by your spouse, former spouse or Dependent during an open enrollment period under<br />

another employer’s group health plan that differs in time from the Annual Open Enrollment period.<br />

If you want to make an election change due the occurrence of a qualified change in status event, you<br />

must make the election change within 30 days after the date that the event occurs. Appropriate<br />

documentation is required. You may only make changes to benefit coverage under the Plan that are<br />

consistent with the qualified change in status event. For example, if the documentation you provide is for<br />

the birth of a child, you may increase your benefit coverage level to two person or family; however you<br />

cannot decrease the benefit coverage level or opt out of coverage.<br />

If you make an election change due to the occurrence of a change in status event within 30 days after the<br />

event occurs, the change will be effective as soon as administratively practicable but not earlier than the<br />

first pay period after a new election is made and returned to the Plan Administrator. Qualified change in<br />

status events shall only be effective as to contributions and benefits under the Plan on and after the<br />

17


effective date of such change. However, election changes made due to a special enrollment right as<br />

provided by HIPAA may result in coverage being made available retroactively to the date of the qualified<br />

change in status event.<br />

ENROLLING AFTER YOU WAIVE PARTICIPATION<br />

If you choose not to participate in the Plan, your next opportunity to enroll will be during the next Annual<br />

Open Enrollment unless you have a qualified change in status event or there is a special enrollment right.<br />

LEAVES OF ABSENCE<br />

If you are not at work due to an unpaid, Employer-approved leave of absence, period of military service<br />

lasting more than 30 days, or any other reason that creates a legal obligation for the Employer to extend<br />

coverage under the Plan, you may, at your option, continue coverage during the period of absence in<br />

accordance with your Employer’s leave of absence policy.<br />

If you are absent from work for any paid leave of absence you must continue the coverage you elected<br />

under the Plan and your contributions for the coverage will continue to be deducted from your paychecks<br />

during the absence.<br />

If your Employer is subject to the Family and Medical Leave Act of 1993, as amended (the “FMLA”), then<br />

the FMLA policies of your Employer shall control. You should refer to your Employer’s internal FMLA<br />

policies for further guidance on FMLA leave.<br />

REHIRED ASSOCIATES<br />

If you separate from service with your Employer before becoming a participant and you are later reemployed<br />

by your Employer, you must satisfy the eligibility requirements in order to participate in the Plan<br />

without regard to any prior period of employment with an Employer.<br />

If you separate from service with your Employer after becoming a participant and you are rehired into a<br />

benefits-eligible position in the same Plan Year, you (and your Dependents, if applicable) will immediately<br />

participate in the Plan on your reemployment date. You will have the opportunity to re-elect your benefits<br />

at this time or to be re-enrolled in the benefit options you had previously elected.<br />

NOTE: Amounts previously credited toward your plan accumulators (i.e. deductible, out-of-pocket<br />

maximum) within a calendar year will be carried forward.<br />

WHEN COVERAGE ENDS<br />

Your participation in this Plan will end on the earliest of the following dates:<br />

• The last day of the pay period in which your employment with your Employer ceases;<br />

• The date of your death;<br />

• The last day of the pay period in which a change in employment status occurs that affects your<br />

eligibility to participate in the Plan (i.e., reduction in hours that causes you to be ineligible to<br />

participate);<br />

• The last day of the pay period in which you make a contribution toward the cost of coverage under<br />

the Plan; or<br />

• The date the Plan is terminated.<br />

Your spouse’s coverage under the Plan will end on the earliest of:<br />

• The date of your divorce or legal separation;<br />

• The last day of the pay period in which your employment with your Employer ceases;<br />

18


• The last day of the pay period in which your death occurs;<br />

• The last day of the pay period in which a change in employment status occurs that affects your<br />

eligibility to participate in the Plan (i.e., reduction in hours that causes you to be ineligible to<br />

participate);<br />

• The last day of the pay period in which you make a contribution toward the cost of coverage under<br />

the Plan; or<br />

• The date the Plan is terminated.<br />

Your Dependent child’s coverage under the Plan will end on the earliest of:<br />

• The last day of the Plan Year in which the child turns age 26 (or ceases to satisfy the requirements<br />

set forth in the Eligibility section of the SPD for Disabled children to be eligible for coverage after they<br />

reach age 26);<br />

• The last day of the pay period in which your employment with your Employer ceases;<br />

• The last day of the pay period in which your death occurs;<br />

• The last day of the pay period in which a change in employment status occurs that affects your<br />

eligibility to participate in the Plan (i.e., reduction in hours that causes you to be ineligible to<br />

participate);<br />

• The last day of the pay period in which you make a contribution toward the cost of coverage under<br />

the Plan; or<br />

• The date the Plan is terminated.<br />

Your coverage and your Dependent’s coverage under the Plan will cease at the times described above<br />

unless COBRA continuation coverage is elected as shown in the Continuation of Group <strong>Health</strong> Coverage<br />

section on page 24.<br />

The Plan may not rescind an individual’s coverage unless such individual fails to pay the required<br />

premiums or contributions toward the cost of coverage under the Plan, or such individual commits fraud<br />

with respect to the Plan or makes an intentional misrepresentation of a material fact.<br />

When you and/or your Dependent(s) lose coverage under the Plan, you and/or your Dependent(s) (as<br />

applicable) will be provided with a Certificate of Creditable Coverage as required by HIPAA. The<br />

Certificate of Creditable Coverage will indicate the time period that you or your Dependent(s) were<br />

covered by the Plan, subject to HIPAA’s portability requirements. You and/or your Dependent(s) may also<br />

request a Certificate of Creditable Coverage within 24 months of losing coverage under the Plan. If you<br />

and/or your Dependent(s) need to request a Certificate of Creditable Coverage, you and/or your<br />

Dependent(s) can do so by contacting the Plan Administrator. The request must be in writing and must<br />

include: (1) the name(s) of the individual(s), (2) the time period to be covered by the Certificate of<br />

Creditable Coverage, and (3) a mailing address where the Certificate of Creditable Coverage should be<br />

sent.<br />

19


COORDINATION OF BENEFITS<br />

The Plan’s coordination of benefits (“COB”) procedures will apply when you or your covered Dependents<br />

are covered under both the Plan and another health care plan, such as one provided by your spouse’s<br />

employer, Medicare or a no-fault insurance policy.<br />

COORDINATING WITH ANOTHER EMPLOYER’S <strong>PLAN</strong><br />

COB is how plans coordinate benefits when you are covered by more than one health care or motor<br />

vehicle insurance plan or policy. The Plan, which is administered by the Plan Administrator and the<br />

Claims Administrator, requires that your benefit payments be coordinated with benefit payments from<br />

another health care or motor vehicle insurance plan or policy for services and/or supplies that may be<br />

payable under either plan, so that payment responsibilities will be fair. If you are covered by more than<br />

one health care or motor vehicle insurance plan or policy, COB guidelines (explained below) determine<br />

which plan pays for Covered Services first. COB letters of inquiry, which request information about other<br />

plans, may be sent on an annual or more frequent basis in order to keep the Plan’s records up to date.<br />

The plan that pays first is your primary plan. This plan must provide you with the maximum benefits<br />

available to you under that plan. The plan that pays second is your secondary plan. This plan provides<br />

payments toward the balance of the cost of Covered Services — up to the total allowed amount under<br />

that plan.<br />

COB makes sure that the level of payment, when added to the benefits payable under another plan, will<br />

cover up to the total of the eligible expenses. COB also makes sure that the combined payments of all<br />

coverage will not exceed the actual cost approved for your care.<br />

GUIDELINES TO DETERMINE WHICH <strong>PLAN</strong> IS PRIMARY AND SECONDARY<br />

When both this Plan, paying as secondary, and the primary plan have a preferred Provider arrangement<br />

in place, payment will be made up to the preferred Provider allowance available to the primary plan.<br />

NOTE: For information regarding coordination with Medicare, please refer to the section of this SPD titled<br />

Coordination With Medicare.<br />

If the claimant is an active Associate this Plan will be primary to:<br />

• A plan covering the claimant as a Dependent;<br />

• A plan covering the claimant as a COBRA participant;<br />

• A plan covering the claimant as a retiree in another group health plan; or<br />

• A plan covering the claimant as a Dependent of a retiree in another group plan.<br />

If the claimant is the spouse of an active Associate this Plan will be primary to a plan covering the spouse<br />

as a COBRA participant.<br />

This Plan will be secondary to:<br />

• A plan covering the spouse as a retiree, or<br />

• A plan covering the spouse as an active Associate.<br />

If the claimant is the child of an active Associate this Plan will be primary to a plan covering the child as a:<br />

• Dependent of the Associate’s spouse, provided the spouse is also an active employee, if the<br />

Associate’s birthday (day and month) is earlier in the year than the Associate’s spouse’s birthday<br />

• COBRA participant or a Dependent of a COBRA participant;<br />

20


• CHIP participant; or<br />

• Dependent of a retiree.<br />

If both parents have the same birth date, the coverage that has been in effect the longest will be<br />

primary for the Dependent child.<br />

This Plan will be secondary to a plan covering the child as a Dependent of the Associate’s spouse<br />

provided the spouse is also an active employee, if the Associate’s birthday (day and month) is later in the<br />

year than the Associate’s spouse.<br />

If the claimant is a child of an active Associate and a court decree designates financial<br />

responsibility or establishes which parent must provide primary coverage and/or the order of payment,<br />

this Plan will follow the court decree.<br />

If rules are not established, this Plan will pay in the following order:<br />

• The plan that covers the parent who has custody of the child.<br />

• The plan that covers the step-parent who has custody of the child.<br />

• The plan which covers the parent who does not have custody of the child.<br />

• The plan that covers the step-parent who does not have custody of the child.<br />

If there is a court decree that orders joint custody and does not determine primary status for benefit<br />

coverage, the Plan’s regular provisions establishing the primary status for children of active Associates<br />

will apply.<br />

If the claimant is a COBRA participant in this Plan, this Plan will be secondary to a plan covering the<br />

claimant as:<br />

• An active employee;<br />

• A Dependent of an active employee;<br />

• A retiree; or<br />

• A Dependent of a retiree.<br />

If a claimant is covered by another plan as a COBRA participant then the primary plan will be the plan in<br />

effect the longest. Notwithstanding the above, if a plan has no COB provision, it will always be primary.<br />

COORDINATION WITH MEDICARE<br />

Active Associates or Dependents of active Associates eligible for Medicare due to age<br />

If you are covered under this Plan due to your or someone else’s current employment with the Employer,<br />

and are also eligible for Medicare due to age, you may:<br />

• Continue your coverage under this Plan (to the extent you remain eligible) and defer enrollment in<br />

Medicare; or<br />

• Continue your coverage under this Plan and also enroll in Medicare; this Plan would be your primary<br />

medical coverage and Medicare would be your secondary medical coverage as long as your<br />

coverage under this Plan is attributable to current employment with the Employer; or<br />

• Drop your coverage under this Plan and enroll in Medicare, in which case Medicare would be your<br />

primary medical coverage.<br />

Covered Individuals eligible for Medicare due to disability<br />

This Plan is primary and Medicare is secondary if you are eligible for Medicare by reason of disability (but<br />

not age), and your coverage under this Plan is on account of your (or someone else’s) current<br />

21


employment with the Employer. If coverage under this Plan is not on account of current employment<br />

status with the Employer, and you are eligible for Medicare solely by reason of disability, Medicare is<br />

primary and this Plan is secondary. Note that in this latter case – where this Plan is secondary – this Plan<br />

will deem you or your Dependent, to be enrolled in Medicare Parts A, B and D even if you or your<br />

Dependent have not so enrolled.<br />

Medicare eligibility by reason of end stage renal disease<br />

This Plan is primary and Medicare is secondary if you are eligible for Medicare solely on the basis of End<br />

Stage Renal Disease (“ESRD”), are not eligible for Medicare by reason of age or disability, and your<br />

coverage under this Plan is on account of your (or someone else’s) current employment with the<br />

Employer. However, this Plan is primary only during the first 30 months of such eligibility for Medicare<br />

benefits. This 30-month period generally begins on the earlier of:<br />

• The first day of the fourth month during which a regular course of renal dialysis starts; or<br />

• If you receive a kidney transplant, the first day of the month during which you become eligible for<br />

Medicare.<br />

If you are eligible for Medicare solely on the basis of ESRD, you must be covered by Parts A and B to get<br />

the full benefits available under Medicare to cover ESRD treatment. You may also enroll in Part D if you<br />

need coverage for certain prescribed drugs that may not be covered under Part B. If you enroll in<br />

Medicare Part A and defer enrolling in Part B during the 30-month coordination period, you will be<br />

charged a premium penalty by Medicare when you enroll in Part B if you delay enrolling by 12 or more<br />

months. In addition, this provision does not apply if at the start of your eligibility for this Plan you were<br />

already eligible for Medicare benefits and this Plan’s benefits were payable on a secondary basis.<br />

In order to assist your Employer and the Claims Administrator in complying with Medicare Secondary<br />

Payer (“MSP”) laws, it is very important that you promptly and accurately complete any requests for<br />

information from the Claim Administrator and/or your Employer regarding the Medicare eligibility of you,<br />

your spouse and covered Dependent children. In addition, if you, your spouse or covered Dependent<br />

child becomes eligible for Medicare, or has Medicare eligibility terminated or changed, please contact<br />

your Employer or the Claim Administrator promptly to ensure that your claims are processed in<br />

accordance with applicable MSP laws.<br />

UPDATING COB INFORMATION — YOUR RESPONSIBILITY<br />

It is important to keep your COB records updated. If there are any changes in coverage information for<br />

you or your Dependents, notify your Employer and the Claims Administrator immediately. Please help the<br />

Plan Administrator and Claims Administrator serve you better by responding to requests for COB<br />

information quickly. The Plan will request updated COB information at least yearly. If COB information<br />

such as cancellation of other coverage, switching other coverage carriers or changes in custody or court<br />

ordered coverage for Dependent children is not updated, claims could be rejected inappropriately or<br />

incorrect information may be sent to your health care providers.<br />

If the information you provided on your latest COB letter of inquiry is more than one year old and a claim<br />

is submitted under the Plan for you, your spouse or your Dependent children, the claim will be temporarily<br />

held. The Claims Administrator will send you a new letter of inquiry requesting information about other<br />

carriers. When you respond, the Claims Administrator will update your record. The claim will then be<br />

processed according to the appropriate COB rules.<br />

Important: If you do not respond to the Claims Administrator’s letter of inquiry within 45 days of its<br />

receipt, the claim will be denied due to lack of current COB information. In addition, all other claims for<br />

you, your spouse and your Dependents will be denied until the COB letter of inquiry is returned.<br />

22


SPECIFIC INFORMATION ABOUT YOUR COB<br />

The Plan includes non-duplicative payment COB. This means:<br />

• When the Plan is the secondary (or tertiary) payer, you remain responsible for all primary patient<br />

liability resulting from primary insurance sanctions, penalties or Network restrictions, unless your<br />

primary insurer is an HMO.<br />

• As secondary (or tertiary) payer, the Plan will not apply contract Network restrictions unless the<br />

primary insurer denied benefits for the service.<br />

• As secondary (or tertiary) payer, the Plan will cover the remaining non-sanctioned patient liability up<br />

to the amount the Plan would have paid had the Plan been primary for Covered Services only.<br />

FILING COB CLAIMS TO YOUR SECONDARY CARRIER<br />

You must always (or must always have your health care provider) submit claims to your primary carrier<br />

first. Then you or your Provider should submit a claim for the secondary balance to the Claims<br />

Administrator. If your Provider will not submit a secondary claim to the Claims Administrator, then you can<br />

submit the claims as follows:<br />

1) Obtain an explanation of benefits from the primary carrier<br />

2) Ask your Provider for an itemized receipt or detailed description of the services, including charges for<br />

each service<br />

3) If you made any payments for the service, provide a copy of the receipts you received from the<br />

Provider<br />

4) Make sure the Provider’s name and complete address is on your receipts. Also include the Provider’s<br />

tax ID number<br />

5) Send these items to the appropriate address as indicated on the claim<br />

Please make copies of all forms and receipts for your own files, because the Claims Administrator cannot<br />

return the originals to you.<br />

NO-FAULT AUTO COVERAGE<br />

If you are involved in a motor vehicle accident, payment for medical services will be coordinated between<br />

the Plan and your auto insurance carrier as follows:<br />

• Whether your auto coverage is coordinated or uncoordinated, your auto insurance carrier is primary.<br />

• The Plan will be secondary to your no-fault auto insurance. The Medical Claims Administrator will<br />

reject auto accident related claims received without proof of primary payment by the auto insurer.<br />

It is important that you discuss this with your auto insurance company.<br />

SUBMITTING COORDINATED CLAIMS<br />

Claims for benefits should first be sent to the claims administrator of the plan that pays first. Then, after<br />

receiving an Explanation of <strong>Benefits</strong> (“EOB”) form, a claim should be submitted to the plan that pays<br />

second for processing of any unpaid expenses.<br />

If you send the claim to the secondary plan before receiving an EOB from the primary plan, there will be a<br />

delay in processing the payment and may result in a rejection of the claim.<br />

23


CONTINUATION OF GROUP HEALTH COVERAGE<br />

Continued coverage is available as required by law under the Consolidated Omnibus Budget<br />

Reconciliation Act of 1985, as amended (“COBRA”).<br />

If your (or your Dependent’s) coverage under the Plan would otherwise end because of any qualifying<br />

event (see below), then you (or your Dependent) have the right to continue group health coverage under<br />

the Plan if you (or your Dependent) were covered under the Plan on the day immediately preceding the<br />

qualifying event. Your child who is born or placed for adoption with you during a COBRA continuation<br />

coverage period is also a qualified beneficiary.<br />

An individual who elects to continue coverage will be required to pay the full cost of the coverage plus an<br />

applicable administration fee. The time period for which the continuation is available is set forth below in<br />

conjunction with the corresponding qualifying event. If continuation of coverage is elected, coverage will<br />

continue as though termination of employment or loss of eligible status had not occurred. If any changes<br />

are made to the coverage for Associates in active service, the coverage provided to individuals under this<br />

continuation provision will be changed similarly.<br />

QUALIFYING EVENTS<br />

Continuation coverage is available for up to eighteen (18) months to eligible individuals who would lose<br />

coverage under the Plan due to either of the following qualifying events:<br />

• The Associate’s termination of employment with his or her Employer for any reason except gross<br />

misconduct; or<br />

• Reduced work hours of the active Associate.<br />

Continuation coverage is available for up to thirty-six (36) months to a covered Dependent spouse and/or<br />

child who would lose coverage under the Plan due to any one of the following qualifying events:<br />

• Your death;<br />

• You and your spouse become divorced or are legally separated;<br />

• Loss of eligibility of Dependent child status under the Plan; or<br />

• Loss of eligibility due to you becoming covered by Medicare (under Part A, Part B, or both).<br />

When the qualifying event is the termination of the Associate’s employment or reduction of the<br />

Associate’s hours of employment, and the Associate became entitled to Medicare benefits less than 18<br />

months before the qualifying event, COBRA continuation coverage for qualified beneficiaries other than<br />

the Associate lasts until 36 months after the date of Medicare entitlement. For example, if a covered<br />

Associate becomes entitled to Medicare eight months before the date on which his or her employment<br />

terminates, COBRA continuation coverage for his or her spouse and children can last up to 36 months<br />

after the date of Medicare entitlement, which is equal to 28 months after the date of the qualifying event<br />

(36 months minus eight months). Otherwise, when the qualifying event is the termination of an<br />

Associate’s employment or reduction of the Associate’s hours of employment, COBRA continuation<br />

coverage generally lasts for only up to a total of 18 months. There are two ways in which this 18-month<br />

period of COBRA continuation coverage can be extended:<br />

1) Disability Extension Of 18-Month Period Of Continuation Coverage<br />

If you or anyone in your family covered under the Plan is determined by the Social Security<br />

Administration to be disabled and you notify the Plan Administrator in a timely fashion, you and your<br />

entire family may be entitled to receive up to an additional 11 months of COBRA continuation<br />

coverage, for a total maximum of 29 months. The disability would have to have started at some time<br />

before the 60th day of COBRA continuation coverage and must last at least until the end of the 18–<br />

month period of continuation coverage. You must make sure that the Plan Administrator is<br />

24


notified of the Social Security Administration's determination within 60 days of the later of: (i)<br />

the date of the qualifying event (the Associate’s termination of employment or reduction in<br />

hours); (ii) the date of the Social Security Administration determination; or (iii) the date on the<br />

qualified beneficiary loses (or would lose) coverage under the Plan as a result of the<br />

qualifying event. In addition, you must notify the Plan Administrator of the Social Security<br />

Administration’s determination before the end of the 18-month period of COBRA continuation<br />

coverage.<br />

2) Second Qualifying Event Extension Of 18-Month Period Of Continuation Coverage<br />

If your family experiences another qualifying event while receiving 18 months of COBRA continuation<br />

coverage, the spouse and Dependent children in your family can get up to 18 additional months of<br />

COBRA continuation coverage, for a maximum of 36 months, if notice of the second qualifying event<br />

is properly given to the Plan Administrator. This extension may be available to the spouse and<br />

Dependent children receiving continuation coverage if the Associate or former Associate dies,<br />

becomes entitled to Medicare benefits (under Part A, Part B, or both), or gets divorced or legally<br />

separated or if the Dependent child stops being eligible under the Plan as a Dependent child, but only<br />

if the event would have caused the spouse or Dependent child to lose coverage under the Plan had<br />

the first qualifying event not occurred. In all of these cases, you must make sure that the Plan<br />

Administrator is notified of the second qualifying event within 60 days of the second<br />

qualifying event.<br />

ELECTION OF COVERAGE<br />

The Plan will offer COBRA continuation coverage to qualified beneficiaries only after the Plan<br />

Administrator has been notified that a qualifying event has occurred. When the qualifying event is the end<br />

of employment or reduction of hours of employment, death of the Associate, commencement of a<br />

proceeding in bankruptcy with respect to the Employer or enrollment of the Associate in Medicare (Part A,<br />

Part B or both), the Employer must notify the Plan Administrator of the qualifying event within 30 days of<br />

any of these events. For other qualifying events (divorce or legal separation, or because a child is no longer<br />

eligible to be a Dependent), the Associate or covered Dependent (or any representative) MUST notify the<br />

Plan Administrator within 60 days after the qualifying event occurs or COBRA continuation<br />

coverage will not be offered.<br />

Once the Plan Administrator receives notice that a qualifying event has occurred, a COBRA election<br />

notice will be provided to each of the qualified beneficiaries (within 14 days after receiving notice of the<br />

qualifying event). Each qualified beneficiary will have 60 days to elect COBRA coverage from the later of<br />

the date the election notice is sent or the date on which coverage under the Plan would be lost due to the<br />

qualifying event. For each qualified beneficiary who elects COBRA continuation coverage, COBRA<br />

continuation coverage will begin on the date that Plan coverage would otherwise have been lost. Each<br />

qualified beneficiary will have an independent right to elect COBRA continuation coverage. Covered<br />

Associates may elect COBRA continuation coverage on behalf of their spouses, and parents may elect<br />

COBRA continuation coverage on behalf of their children.<br />

REQUIREMENTS FOR ALL NOTICES<br />

The qualifying event notice and second qualifying event notice must be sent within the applicable<br />

time(s) set forth above to the Plan Administrator at the address listed for the Plan Administrator<br />

on page 43 of this SPD. The notice must be in writing and must include: (1) the Plan name, (2) the<br />

name of the Associate and the disabled qualified beneficiary, if different, (3) the date of the Social<br />

Security Administration's determination of disability, and (4) a copy of the Social Security<br />

Administration’s determination of disability. The Associate, the qualified beneficiary or any<br />

representative on behalf of the Associate or the qualified beneficiary can provide the notice.<br />

25


COST OF CONTINUATION OF COVERAGE<br />

The cost of continuation of coverage for each individual generally is an amount equal to 102 percent of<br />

the total cost to the Plan for the period of coverage for similarly situated covered Associates, spouses or<br />

other Dependents, for whom a qualifying event has not occurred (including the portion of such cost paid<br />

by both the Employer and Associate for active Associates and their Dependents). However, if a qualified<br />

beneficiary has elected to extend his or her COBRA continuation coverage as a result of Disability, the<br />

cost of continuation coverage shall be 150 percent of the cost to the Plan during the 11-month extension<br />

that occurs after the original 18-month continuation coverage period, or such longer period as may be<br />

available due to the occurrence of another qualifying event during the disability extension period.<br />

Payment of the initial premium is considered timely if it is received within forty-five (45) days after a timely<br />

COBRA continuation coverage election. All subsequent payments for COBRA continuation coverage are<br />

due and payable on the first day of each calendar month for which COBRA continuation coverage is<br />

desired. However, premium payments will be considered timely if they are made within 30 days of the<br />

premium payment due date.<br />

TERMINATION OF CONTINUATION OF COVERAGE<br />

A qualified beneficiary’s continuation coverage will terminate prior to time periods set forth above in the<br />

following situations:<br />

• The Employer ceases to provide any group health plan for Associates<br />

• Any required premium is not paid in full on time<br />

• The qualified beneficiary becomes covered, after electing COBRA continuation coverage, under any<br />

other group health plan without being subject to any exclusions or limitations with respect to a preexisting<br />

condition<br />

• The qualified beneficiary becomes covered by Medicare (under Part A, Part B, or both) after electing<br />

COBRA continuation coverage<br />

• The qualified beneficiary engages in conduct that would justify the Plan in terminating coverage of a<br />

similarly situated participant or beneficiary not receiving continuation coverage (such as fraud)<br />

• With respect to coverage in excess of 18 months by reason of disability, the end of the first month<br />

that begins after a final determination under the Social Security Act that the disabled individual is no<br />

longer disabled<br />

TRADE ACT OF 1974<br />

Special COBRA rights may apply to you if you have been terminated or experienced a reduction of hours and<br />

you qualify for a “trade readjustment allowance” or “alternative trade adjustment assistance” under a Federal<br />

law called the Trade Act of 1974 (as reauthorized by the Trade Adjustment Assistance Reform Act of 2002).<br />

If you qualify for these special rights, you may be entitled to a second opportunity to elect COBRA coverage<br />

for yourself and certain family members (if COBRA coverage has not already been elected), but only within a<br />

limited period of 60 days (or less) and only during the six months immediately after your group health plan<br />

coverage ended. In addition, a special tax credit may be available to you if you are an eligible individual.<br />

If you were terminated or experienced a reduction of hours that qualifies for a trade readjustment<br />

allowance or alternative trade adjustment assistance, please see the Administrator regarding additional<br />

rights that may be applicable to you. If you have questions about the tax credit provisions in the Act, you<br />

may call the <strong>Health</strong> Coverage Tax Credit Consumer Contact Center toll-free at 1-866-628-4282. TTD/TTY<br />

callers may call toll-free at 1-866-626-4282. More information about the Trade Act is also available at<br />

www.doleta.gov/tradeact.<br />

26


USERRA CONTINUATION COVERAGE<br />

If you perform service in the uniformed services you may elect up to 24 months of continuation coverage<br />

under the Plan, as required by the Uniformed Service Employment and Reemployment Rights Act<br />

(“USERRA”). The procedures set forth for electing COBRA continuation coverage apply to this election for<br />

continuation coverage. Contact the Plan Administrator for additional information about USERRA<br />

continuation coverage.<br />

IF YOU HAVE QUESTIONS<br />

If you have questions concerning the Plan or COBRA continuation coverage, please feel free to contact<br />

the Plan Administrator. For more information about your rights under the Employee Retirement Income<br />

Security Act of 1974, as amended (“ERISA”), including COBRA, HIPAA, and other laws affecting group<br />

health plans, contact the nearest Regional or District Office of the U.S. Department of Labor’s Employee<br />

<strong>Benefits</strong> Security Administration (“EBSA”) in your area or visit the EBSA website at www.dol.gov/ebsa.<br />

(Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA’s<br />

website.)<br />

KEEP THE <strong>PLAN</strong> INFORMED OF ADDRESS CHANGES<br />

In order to protect your family’s rights, you should keep the Plan Administrator informed of any changes in<br />

the addresses of family members. You should also keep a copy, for your records, of any notices you send<br />

to the Plan Administrator.<br />

27


<strong>PLAN</strong> ADMINISTRATION INFORMATION<br />

EMPLOYMENT RIGHTS<br />

Nothing in the Plan or this SPD in any way creates an expressed or implied contract of employment or<br />

constitutes or provides a promise or guarantee of employment or continued employment. Nor do these<br />

documents change any such employment relationship to be other than employment “at will.” Your<br />

employment may be suspended, changed, or otherwise terminated by either you or your Employer at any<br />

time.<br />

NO WARRANTY OF HEALTH CARE PROVIDERS<br />

The Plan provides payment for Covered Expenses. The Plan, <strong>Trinity</strong> <strong>Health</strong> and the other participating<br />

Employers make no warranties or representations regarding the delivery or quality of care.<br />

DESIGNATION OF FIDUCIARY RESPONSIBILITY<br />

<strong>Trinity</strong> <strong>Health</strong> is the named fiduciary with respect to this Plan, within the meaning of Section 402(a)(1) of<br />

ERISA. <strong>Trinity</strong> <strong>Health</strong> shall exercise all discretionary authority and control with respect to management of this<br />

Plan, which is not specifically granted to another fiduciary.<br />

<strong>Trinity</strong> <strong>Health</strong> may delegate certain of its fiduciary responsibilities under this Plan to persons who are not<br />

named fiduciaries of the Plan. If fiduciary responsibilities are delegated to any other person, except as<br />

otherwise required by ERISA, such delegation of responsibility shall be made by written instrument executed<br />

by <strong>Trinity</strong> <strong>Health</strong> a copy of which will be kept with the records of this Plan.<br />

Aetna has, by written instrument, been designated as the fiduciary for appeals of adverse benefit<br />

determinations for medical claims submitted to the Plan. By making this designation, it is <strong>Trinity</strong> <strong>Health</strong>’s<br />

intention that Aetna make final claim determinations and have final discretion in construing the terms of the<br />

Plan with respect to final medical claim determinations. Aetna shall not be responsible for any fiduciary<br />

responsibilities other than those outlined in this paragraph.<br />

CVS Caremark has, by written instrument, been designated as the fiduciary for appeals of adverse benefit<br />

determinations for prescription claims submitted to the Plan. By making this designation, it is <strong>Trinity</strong> <strong>Health</strong>’s<br />

intention that CVS Caremark make final claim determinations and have final discretion in construing the<br />

terms of the Plan with respect to final Prescription Drug claim determinations.<br />

Each fiduciary under this Plan shall be solely responsible for its own acts or omissions. Except to the extent<br />

required by ERISA, no fiduciary shall have the duty to question whether any other fiduciary is fulfilling all of<br />

the responsibilities imposed upon such other fiduciary by federal or state law. No fiduciary shall have any<br />

liability for a breach of fiduciary responsibility of another fiduciary with respect to this Plan unless it<br />

participates knowingly in such breach, knowingly undertakes to conceal such breach, has actual knowledge<br />

of such breach, fails to take responsible remedial action to remedy such breach or, through its negligence in<br />

performing its own specific fiduciary responsibilities which give rise to its status as a fiduciary, it enables such<br />

other fiduciary to commit a breach of the latter's fiduciary responsibility.<br />

No fiduciary shall be liable with respect to a breach of fiduciary duty if such breach is committed<br />

before it became a fiduciary, and nothing in this Plan shall be deemed to relieve any person from<br />

liability for his or her own misconduct or fraud.<br />

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”)<br />

HIPAA was enacted, among other things, to improve the portability and continuity of health care<br />

coverage. In addition, HIPAA contains provisions designed to protect the security and privacy of health<br />

care information. The following are summaries of HIPAA’s primary impact on the Plan.<br />

28


Privacy of <strong>Health</strong> Information<br />

HIPAA requires that health plans protect the confidentiality of private health information. The Plan may<br />

have access to certain private health information about you and your covered Dependents. This<br />

information is necessary to administer claims and provide benefits under the Plan. The Plan understands<br />

and recognizes the confidentiality and sensitivity of your health information and is committed to protecting<br />

this information from inappropriate uses and disclosures.<br />

The Plan and its business associates (which are generally, people or entities that perform certain<br />

functions or activities that involve the use or disclosure of protected health information on behalf of, or<br />

provides services to, the Plan) may use and disclose information about you that is protected by HIPAA<br />

(referred to as “protected health information” or “PHI”) without your consent, written authorization or<br />

opportunity to agree or object for treatment, payment, and health plan operations. The Plan and its<br />

business associates may also use or disclose your PHI without your consent as required by law. The Plan<br />

and its business associates will disclose your PHI to your personal representative when the personal<br />

representative has been properly designated through appropriate written documentation. In addition, you<br />

may authorize the use or disclosure of your PHI to another person and for the purpose you designate. If<br />

you grant an authorization, you may withdraw it, in writing, at any time. Your withdrawal will not affect any<br />

use or disclosures permitted by your authorization while it was in effect. The Plan, its business associates<br />

and <strong>Trinity</strong> <strong>Health</strong> will not, without your authorization, use or disclose PHI for employment-related actions<br />

and decisions or in connection with any other benefit or employee benefit plan of <strong>Trinity</strong> <strong>Health</strong>.<br />

Under HIPAA, you have certain rights with respect to your protected health information, including certain<br />

rights to see and copy the information, to receive an accounting of certain disclosures of the information<br />

and, under certain circumstances, to amend the information. You also have the right to file a complaint<br />

with the Plan or with the Secretary of the U.S. Department of <strong>Health</strong> and Human Services if you believe<br />

your rights under the HIPAA privacy rules have been violated.<br />

As required by HIPAA, the <strong>Trinity</strong> <strong>Health</strong> Welfare Benefit Plan (“Welfare Plan”) has adopted certain<br />

privacy policies and procedures related to the use and disclosure of your PHI. You will receive a copy of<br />

the Welfare Plan’s Notice of Privacy Practices (the “Notice”) that outlines how and when the Plan can use<br />

or disclose your PHI as well as your rights and protections under the law. If there are material changes<br />

made to the Welfare Plan’s practices and procedures regarding the use and protection of your PHI, you<br />

will receive a revised Notice. In addition, you may receive a copy of the Notice at any time by contacting<br />

the Welfare Plan’s Privacy Officer at:<br />

<strong>Trinity</strong> <strong>Health</strong><br />

34605 Twelve Mile Road<br />

Farmington Hills, MI 48331<br />

The Welfare Plan has appointed its Privacy Officer to oversee the Welfare Plan’s compliance with<br />

the HIPAA privacy rules and to address complaints. If you have any questions about how the Plan<br />

protects your PHI and your question is not answered by reviewing the information in the Notice, if<br />

you would like more information about the Welfare Plan’s privacy practices or if you want to make<br />

a complaint about the Welfare Plan’s privacy activities, contact the individual(s) identified in the<br />

Notice.<br />

Non-Discrimination Due to <strong>Health</strong> Status<br />

Any rule for eligibility that discriminates based on a “health factor” of an Associate or a Dependent of that<br />

Associate is prohibited. For instance, the Plan is prohibited from containing an actively-at-work<br />

requirement that is based on a health factor of an Associate. An exception is made with regard to an<br />

Associate’s first day of work (e.g., if an individual does not report to work on his/her first scheduled work<br />

day he/she need not be covered and any waiting period for coverage need not begin). Similarly, a<br />

Dependent cannot be refused enrollment or coverage based on a “health factor” such as confinement in a<br />

health care facility.<br />

29


A “health factor” means any of the following:<br />

• <strong>Health</strong> status;<br />

• A medical condition (whether physical or mental condition);<br />

• Claims experience;<br />

• Receipt of health care;<br />

• Medical history;<br />

• Evidence of insurability (including conditions arising out of acts of domestic violence and participation<br />

in certain recreational activities, including high-risk activities);<br />

• Disability; and<br />

• Genetic information.<br />

“Rules for eligibility” include, but are not limited to, rules relating to:<br />

• Enrollment;<br />

• The effective date of coverage;<br />

• Waiting (or affiliation) periods;<br />

• Late and special enrollment;<br />

• Eligibility for benefit packages (including rules for individuals to change their selection among benefit<br />

packages);<br />

• <strong>Benefits</strong> (including rules related to covered benefits, benefit restrictions, and cost-sharing<br />

mechanisms such as Coinsurance, Copayments and Deductibles);<br />

• Continued eligibility; and<br />

• Terminating coverage of any individual under a Plan.<br />

NEWBORNS’ AND MOTHERS’ HEALTH PROTECTION ACT OF 1996<br />

The Plan may not, under Federal law, restrict benefits for any Hospital length of stay in connection with<br />

childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than<br />

96 hours following a cesarean section. However, Federal law generally does not prohibit the mother’s or<br />

newborn’s attending Provider, after consulting with the mother, from discharging the mother or her<br />

newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under<br />

Federal law, require that a Provider obtain authorization from the plan or the insurance issuer for<br />

prescribing a length of stay not in excess of 48 hours (or 96 hours).<br />

WOMEN’S HEALTH AND CANCER RIGHTS ACT OF 1998<br />

As required by the Women’s <strong>Health</strong> and Cancer Rights Act of 1998 (the “WHCRA”), since the Plan<br />

provides medical and surgical benefits for mastectomies, the Plan also provides coverage for<br />

reconstructive surgery and related services related that may follow mastectomies. In compliance with the<br />

WHCRA, the Plan covers:<br />

● Reconstruction of the breast on which the mastectomy was performed;<br />

● Reconstruction and Surgery of the other breast to achieve symmetry between the breasts; and<br />

● Prostheses and treatment of physical complications of all stages of the mastectomy (including<br />

lymphedema).<br />

30


Coverage will be provided in a manner determined in consultation with the attending Physician and the<br />

patient. The Plan’s Deductibles, Coinsurance, and Copayments that are in effect at the time service is<br />

provided will apply to the coverage described above.<br />

<strong>PLAN</strong> ADMINISTRATOR POWERS<br />

The Plan Administrator is empowered and authorized to make rules and regulations and establish<br />

procedures with respect to the Plan and to determine or resolve all questions that may arise as to the<br />

eligibility, benefits, status and right of any person claiming benefits under the Plan. The Plan<br />

Administrator has the power and discretionary authority to construe and interpret the Plan and to correct<br />

any defect, supply any omissions, or reconcile any inconsistencies in the Plan, and generally do all other<br />

things which need to be handled in administering this Plan.<br />

The exercise of the Plan Administrator’s authority shall be binding upon all interested parties, including,<br />

but not limited to Covered Individuals, their estates and their beneficiaries, and shall be subject to review<br />

only if it is arbitrary or capricious or otherwise inconsistent with applicable law.<br />

The Plan Administrator will determine eligibility for benefits under the Plan. The Plan Administrator has<br />

delegated fiduciary responsibility for medical claims to Aetna and has delegated fiduciary responsibility for<br />

Prescription Drug claims to CVS Caremark. The Plan shall be governed by and interpreted according to<br />

ERISA and the Internal Revenue Code and, where not pre-empted by Federal law, the laws of the state<br />

of Michigan.<br />

FILING A CLAIM FOR BENEFITS AND REVIEW PROCEDURES<br />

You may file claims for benefits, and appeal adverse claim decisions, either yourself or through an<br />

Authorized Representative.<br />

HOW TO SUBMIT A CLAIM FOR BENEFITS<br />

A claim must be filed before a benefit payment can be made. There are three (3) types of claims:<br />

• A “pre-service claim” means a claim for a benefit where your plan conditions receipt of the benefit, in<br />

whole or in part, on obtaining approval in advance of receiving medical care.<br />

• An “urgent care claim” means a pre-service claim for medical care or treatment where the time<br />

periods for non-urgent predeterminations could seriously jeopardize your life, health, ability to regain<br />

maximum function or, in the opinion of a Physician who knows your medical condition, would subject<br />

you to severe pain that cannot be adequately managed without the care or treatment you are<br />

seeking.<br />

If a Physician with knowledge of your medical condition determines that the claim is one involving<br />

urgent care, the Plan Administrator or its delegate will treat it as such. Absent a determination by your<br />

Physician, the Plan Administrator or its delegate will determine whether a claim is one involving<br />

urgent care by using the judgment of a prudent layperson with average knowledge of health and<br />

medicine.<br />

• A “post-service claim” means all other claims that are not “pre-service claims” or “urgent care claims”.<br />

The Plan Administrator has delegated its authority to make claim determinations, other than claim<br />

determinations with respect to Prescription Drug claims, to Aetna, the Medical Claims Administrator. You<br />

or your Authorized Representative generally must file claims in writing with your Aetna customer service<br />

office at:<br />

Aetna Life Insurance Company<br />

151 Farmington Avenue<br />

Harford, CT 06156<br />

31


REPORTING OF CLAIMS<br />

A claim must be submitted to Aetna in writing. It must give proof of the nature and extent of the loss. Your<br />

employer has claim forms.<br />

All claims should be reported promptly. The deadline for filing a claim is 90 days after the date of the loss.<br />

If, through no fault of your own, you are not able to meet the deadline for filing claim, your claim will still<br />

be accepted if you file as soon as possible. Unless you are legally incapacitated, late claims for health<br />

benefits will not be covered if they are filed more than 2 years after the deadline.<br />

CLAIMS, APPEALS AND EXTERNAL REVIEW<br />

FILING HEALTH CLAIMS UNDER THE <strong>PLAN</strong><br />

Under the Plan, you may file claims for Plan benefits and appeal adverse claim determinations. Any<br />

reference to you in this Claims, Appeals and External Review section includes you and your Authorized<br />

Representative. An "Authorized Representative" is a person you authorize, in writing, to act on your<br />

behalf. The Plan will also recognize a court order giving a person authority to submit claims on your<br />

behalf. In the case of an urgent care claim, a health care professional with knowledge of your condition<br />

may always act as your Authorized Representative.<br />

If your claim is denied in whole or in part, you will receive a written notice of the denial from Aetna Life<br />

Insurance Company (Aetna). The notice will explain the reason for the denial and the appeal procedures<br />

available under the Plan.<br />

Urgent Care Claims<br />

An Urgent Care Claim is any claim for medical care or treatment for which the application of the time<br />

periods for making non-urgent care determinations could seriously jeopardize your life or health or your<br />

ability to regain maximum function, or, in the opinion of a physician with knowledge of your medical<br />

condition, would subject you to severe pain that cannot be adequately managed without the care or<br />

treatment that is the subject of the claim.<br />

If the Plan requires advance approval of a service, supply or procedure before a benefit will be payable,<br />

and if Aetna or your physician determines that it is an Urgent Care Claim, you will be notified of the<br />

decision, whether adverse or not, as soon as possible but not later than 24 hours after the claim is<br />

received.<br />

If there is not sufficient information to decide the claim, you will be notified of the information necessary to<br />

complete the claim as soon as possible, but not later than 24 hours after receipt of the claim. You will be<br />

given a reasonable additional amount of time, but not less than 48 hours, to provide the information, and<br />

you will be notified of the decision not later than 48 hours after the end of that additional time period (or<br />

after receipt of the information, if earlier).<br />

OTHER CLAIMS (PRE-SERVICE AND POST-SERVICE)<br />

If the Plan requires you to obtain advance approval of a non-urgent service, supply or procedure before a<br />

benefit will be payable, a request for advance approval is considered a pre-service claim. You will be<br />

notified of the decision not later than 15 days after receipt of the pre-service claim.<br />

For other claims (post-service claims), you will be notified of the decision not later than 30 days after<br />

receipt of the claim.<br />

For either a pre-service or a post-service claim, these time periods may be extended up to an additional<br />

15 days due to circumstances outside Aetna’s control. In that case, you will be notified of the extension<br />

before the end of the initial 15 or 30-day period. For example, they may be extended because you have<br />

32


not submitted sufficient information, in which case you will be notified of the specific information<br />

necessary and given an additional period of at least 45 days after receiving the notice to furnish that<br />

information. You will be notified of Aetna’s claim decision no later than 15 days after the end of that<br />

additional period (or after receipt of the information, if earlier).<br />

For pre-service claims which name a specific claimant, medical condition, and service or supply for which<br />

approval is requested, and which are submitted to an Aetna representative responsible for handling<br />

benefit matters, but which otherwise fail to follow the Plan's procedures for filing pre-service claims, you<br />

will be notified of the failure within five days (within 24 hours in the case of an urgent care claim) and of<br />

the proper procedures to be followed. The notice may be oral unless you request written notification.<br />

Ongoing Course of Treatment<br />

If you have received pre-authorization for an ongoing course of treatment, you will be notified in advance<br />

if the previously authorized course of treatment is intended to be terminated or reduced so that you will<br />

have an opportunity to appeal any decision to Aetna and receive a decision on that appeal before the<br />

termination or reduction takes effect. If the course of treatment involves urgent care, and you request an<br />

extension of the course of treatment at least 24 hours before its expiration, you will be notified of the<br />

decision within 24 hours after receipt of the request.<br />

HEALTH CLAIMS: STANDARD APPEALS<br />

As an individual enrolled in the Plan, you have the right to file an appeal from an Adverse Benefit<br />

Determination relating to service(s) you have received or could have received from your health care<br />

provider under the Plan.<br />

An Adverse Benefit Determination is defined as a denial, reduction, termination of, or failure to, provide or<br />

make payment (in whole or in part) for a service, supply or benefit. Such Adverse Benefit Determination<br />

may be based on:<br />

• Your eligibility for coverage, including a retrospective termination of coverage (whether or not there is<br />

an adverse effect on any particular benefit);<br />

• Coverage determinations, including plan limitations or exclusions;<br />

• The results of any Utilization Review activities;<br />

• A decision that the service or supply is experimental or investigational; or<br />

• A decision that the service or supply is not Medically Necessary.<br />

A Final Internal Adverse Benefit Determination is defined as an Adverse Benefit Determination that has<br />

been upheld by the appropriate named fiduciary (Aetna) at the completion of the internal appeals<br />

process, or an Adverse Benefit Determination for which the internal appeals process has been<br />

exhausted.<br />

EXHAUSTION OF INTERNAL APPEALS PROCESS<br />

Generally, you are required to complete all appeal processes of the Plan before being able to obtain<br />

External Review or bring an action in litigation. However, if Aetna, or the Plan or its designee, does not<br />

strictly adhere to all claim determination and appeal requirements under applicable federal law, you are<br />

considered to have exhausted the Plan’s appeal requirements (Deemed Exhaustion) and may proceed<br />

with External Review or may pursue any available remedies under §502(a) of ERISA or under state law,<br />

as applicable.<br />

FULL AND FAIR REVIEW OF CLAIM DETERMINATIONS AND APPEALS<br />

Aetna will provide you, free of charge, with any new or additional evidence considered, relied upon, or<br />

generated by Aetna (or at the direction of Aetna), or any new or additional rationale as soon as possible<br />

33


and sufficiently in advance of the date on which the notice of Final Internal Adverse Benefit Determination<br />

is provided, to give you a reasonable opportunity to respond prior to that date.<br />

You may file an appeal in writing to Aetna at the address provided in this booklet, or, if your appeal is of<br />

an urgent nature, you may call Aetna’s Member Services Unit at the toll-free phone number on your ID<br />

card. Your request should include the group name (that is, your employer), your name, member ID, or<br />

other identifying information shown on the front of the Explanation of <strong>Benefits</strong> form, and any other<br />

comments, documents, records and other information you would like to have considered, whether or not<br />

submitted in connection with the initial claim.<br />

An Aetna representative may call you or your health care provider to obtain medical records and/or other<br />

pertinent information in order to respond to your appeal.<br />

You will have 180 days following receipt of an Adverse Benefit Determination to appeal the determination<br />

to Aetna. You will be notified of the decision not later than 15 days (for pre-service claims) or 30 days (for<br />

post-service claims) after the appeal is received. You may submit written comments, documents, records<br />

and other information relating to your claim, whether or not the comments, documents, records or other<br />

information were submitted in connection with the initial claim. A copy of the specific rule, guideline or<br />

protocol relied upon in the Adverse Benefit Determination will be provided free of charge upon request by<br />

you or your Authorized Representative. You may also request that Aetna provide you, free of charge,<br />

copies of all documents, records and other information relevant to the claim.<br />

If your claim involves urgent care, an expedited appeal may be initiated by a telephone call to the phone<br />

number included in your denial, or to Aetna's Member Services. Aetna's Member Services telephone<br />

number is on your Identification Card. You or your Authorized Representative may appeal urgent care<br />

claim denials either orally or in writing. All necessary information, including the appeal decision, will be<br />

communicated between you or your Authorized Representative and Aetna by telephone, facsimile, or<br />

other similar method. You will be notified of the decision not later than 36 hours after the appeal is<br />

received.<br />

If you are dissatisfied with the appeal decision on an urgent care claim, you may file a second level<br />

appeal with Aetna. You will be notified of the decision not later than 36 hours after the appeal is received.<br />

If you are dissatisfied with a pre-service or post-service appeal decision, you may file a second level<br />

appeal with Aetna within 60 days of receipt of the level one appeal decision. Aetna will notify you of the<br />

decision not later than 15 days (for pre-service claims) or 30 days (for post-service claims) after the<br />

appeal is received.<br />

If you do not agree with the Final Internal Adverse Benefit Determination on review, you have the right to<br />

bring a civil action under Section 502(a) of ERISA, if applicable.<br />

HEALTH CLAIMS: VOLUNTARY APPEALS<br />

EXTERNAL REVIEW<br />

External Review is a review of an Adverse Benefit Determination or a Final Internal Adverse Benefit<br />

Determination by an Independent Review Organization/External Review Organization (ERO) or by the<br />

State Insurance Commissioner, if applicable.<br />

A Final External Review Decision is a determination by an ERO at the conclusion of an External Review.<br />

You must complete all of the levels of standard appeal described above before you can request External<br />

Review, other than in a case of Deemed Exhaustion. Subject to verification procedures that the Plan may<br />

establish, your Authorized Representative may act on your behalf in filing and pursuing this voluntary<br />

appeal.<br />

You may file a voluntary appeal for External Review of any Adverse Benefit Determination or any Final<br />

Internal Adverse Benefit Determination that qualifies as set forth below.<br />

34


The notice of Adverse Benefit Determination or Final Internal Adverse Benefit Determination that you<br />

receive from Aetna will describe the process to follow if you wish to pursue an External Review, and will<br />

include a copy of the Request for External Review Form.<br />

You must submit the Request for External Review Form to Aetna within 123 calendar days of the date<br />

you received the Adverse Benefit Determination or Final Internal Adverse Benefit Determination notice. If<br />

the last filing date would fall on a Saturday, Sunday or Federal holiday, the last filing date is extended to<br />

the next day that is not a Saturday, Sunday or Federal holiday. You also must include a copy of the notice<br />

and all other pertinent information that supports your request.<br />

If you file a voluntary appeal, any applicable statute of limitations will be tolled while the appeal is<br />

pending. The filing of a claim will have no effect on your rights to any other benefits under the Plan.<br />

However, the appeal is voluntary and you are not required to undertake it before pursuing legal action.<br />

If you choose not to file for voluntary review, the Plan will not assert that you have failed to exhaust your<br />

administrative remedies because of that choice.<br />

REQUEST FOR EXTERNAL REVIEW<br />

The External Review process under this Plan gives you the opportunity to receive review of an Adverse<br />

Benefit Determination (including a Final Internal Adverse Benefit Determination) conducted pursuant to<br />

applicable law. Your request will be eligible for External Review if the following are satisfied:<br />

• Aetna, or the Plan or its designee, does not strictly adhere to all claim determination and appeal<br />

requirements under federal law; or<br />

• the standard levels of appeal have been exhausted; or<br />

• the appeal relates to a rescission, defined as a cancellation or discontinuance of coverage which has<br />

retroactive effect.<br />

An Adverse Benefit Determination based upon your eligibility is not eligible for External Review.<br />

If upon the final standard level of appeal, the coverage denial is upheld and it is determined that<br />

you are eligible for External Review, you will be informed in writing of the steps necessary to<br />

request an External Review.<br />

An independent review organization refers the case for review by a neutral, independent clinical reviewer<br />

with appropriate expertise in the area in question. The decision of the independent external expert<br />

reviewer is binding on you, Aetna and the Plan unless otherwise allowed by law.<br />

PRELIMINARY REVIEW<br />

Within five business days following the date of receipt of the request, Aetna must provide a preliminary<br />

review determining: you were covered under the Plan at the time the service was requested or provided,<br />

the determination does not relate to eligibility, you have exhausted the internal appeals process (unless<br />

Deemed Exhaustion applies), and you have provided all paperwork necessary to complete the External<br />

Review.<br />

Within one business day after completion of the preliminary review, Aetna must issue to you a notification<br />

in writing. If the request is complete but not eligible for External Review, such notification will include the<br />

reasons for its ineligibility and contact information for the Employee <strong>Benefits</strong> Security Administration (tollfree<br />

number 866-444-EBSA (3272)). If the request is not complete, such notification will describe the<br />

information or materials needed to make the request complete and Aetna must allow you to perfect the<br />

request for External Review within the 123 calendar days filing period or within the 48 hour period<br />

following the receipt of the notification, whichever is later.<br />

35


REFERRAL TO ERO<br />

Aetna will assign an ERO accredited as required under federal law, to conduct the External Review. The<br />

assigned ERO will timely notify you in writing of the request’s eligibility and acceptance for External<br />

Review, and will provide an opportunity for you to submit in writing within 10 business days following the<br />

date of receipt, additional information that the ERO must consider when conducting the External Review.<br />

Within one (1) business day after making the decision, the ERO must notify you, Aetna and the Plan.<br />

The ERO will review all of the information and documents timely received. In reaching a decision, the<br />

assigned ERO will review the claim and not be bound by any decisions or conclusions reached during the<br />

Plan’s internal claims and appeals process. In addition to the documents and information provided, the<br />

assigned ERO, to the extent the information or documents are available and the ERO considers them<br />

appropriate, will consider the following in reaching a decision:<br />

(i) Your medical records;<br />

(ii) The attending health care professional's recommendation;<br />

(iii) Reports from appropriate health care professionals and other documents submitted by the Plan or<br />

issuer, you, or your treating provider;<br />

(iv) The terms of your Plan to ensure that the ERO's decision is not contrary to the terms of the Plan,<br />

unless the terms are inconsistent with applicable law;<br />

(v) Appropriate practice guidelines, which must include applicable evidence-based standards and may<br />

include any other practice guidelines developed by the Federal government, national or professional<br />

medical societies, boards, and associations;<br />

(vi) Any applicable clinical review criteria developed and used by Aetna, unless the criteria are<br />

inconsistent with the terms of the Plan or with applicable law; and<br />

(vii) The opinion of the ERO's clinical reviewer or reviewers after considering the information described in<br />

this notice to the extent the information or documents are available and the clinical reviewer or<br />

reviewers consider appropriate.<br />

The assigned ERO must provide written notice of the Final External Review Decision within 45 days after<br />

the ERO receives the request for the External Review. The ERO must deliver the notice of Final External<br />

Review Decision to you, Aetna and the Plan.<br />

After a Final External Review Decision, the ERO must maintain records of all claims and notices<br />

associated with the External Review process for six years. An ERO must make such records available for<br />

examination by the claimant, Plan, or State or Federal oversight agency upon request, except where such<br />

disclosure would violate State or Federal privacy laws.<br />

Upon receipt of a notice of a Final External Review Decision reversing the Adverse Benefit Determination<br />

or Final Internal Adverse Benefit Determination, the Plan immediately must provide coverage or payment<br />

(including immediately authorizing or immediately paying benefits) for the claim.<br />

EXPEDITED EXTERNAL REVIEW<br />

The Plan must allow you to request an expedited External Review at the time you receive:<br />

a) An Adverse Benefit Determination if the Adverse Benefit Determination involves a medical condition<br />

for which the timeframe for completion of an expedited internal appeal would seriously jeopardize<br />

your life or health or would jeopardize your ability to regain maximum function and you have filed a<br />

request for an expedited internal appeal; or<br />

b) A Final Internal Adverse Benefit Determination, if you have a medical condition where the timeframe<br />

for completion of a standard External Review would seriously jeopardize your life or health or would<br />

jeopardize your ability to regain maximum function, or if the Final Internal Adverse Benefit<br />

36


Determination concerns an admission, availability of care, continued stay, or health care item or<br />

service for which you received emergency services, but have not been discharged from a facility.<br />

Immediately upon receipt of the request for expedited External Review, Aetna will determine whether the<br />

request meets the reviewability requirements set forth above for standard External Review. Aetna must<br />

immediately send you a notice of its eligibility determination.<br />

REFERRAL OF EXPEDITED REVIEW TO ERO<br />

Upon a determination that a request is eligible for External Review following preliminary review, Aetna will<br />

assign an ERO. The ERO shall render a decision as expeditiously as your medical condition or<br />

circumstances require, but in no event more than 72 hours after the ERO receives the request for an<br />

expedited External Review. If the notice is not in writing, within 48 hours after the date of providing that<br />

notice, the assigned ERO must provide written confirmation of the decision to you, Aetna and the Plan.<br />

LEGAL ACTION<br />

No legal action can be brought to recover any benefit under the Plan after three years from the date you<br />

have exhausted the Plan’s review procedure.<br />

SUBROGATION AND RIGHT OF REIMBURSEMENT<br />

1) Subrogation. The Plan does not cover expenses for which another party may be responsible as a<br />

result of having caused or contributed to an Injury, Illness or other loss. This means that, to the extent<br />

the Plan provides or pays benefits or expenses for Covered Services, you automatically assign to the<br />

Plan and the Plan assumes your (and your heirs’, estate’s or legal representative’s) legal rights to<br />

recover the amount of those benefits or expenses from any person, entity, organization or insurer,<br />

including, but not limited to, your own insurer and any under insured or uninsured coverage, that may<br />

be legally obligated to pay for those benefits or expenses. This process is referred to as subrogation.<br />

The amount of the Plan’s subrogation rights shall equal the full amount you are entitled to receive up<br />

to the total amount paid by the Plan for the benefits or expenses for Covered Services.<br />

The Plan’s right of subrogation applies on a first-dollar basis and shall have priority over your or<br />

anyone else’s rights until the Plan recovers the total amount the Plan paid for Covered Services. The<br />

Plan’s right of subrogation for the total amount the Plan paid for Covered Services is absolute and<br />

applies whether or not you receive, or are entitled to receive, a full or partial recovery or whether or<br />

not you are “made whole” by reason of any recovery from any other person or entity, and applies to<br />

funds paid for any reason, including non-medical or dental charges, attorney fees, or other costs and<br />

expenses. This provision is intended to and does reject and supersede the “make-whole” rule, which<br />

rule might otherwise require that you be “made whole” before the Plan may be entitled to assert its<br />

right of subrogation.<br />

The Plan’s right of subrogation allows the Plan to pursue any claim, right or cause of action that you (and<br />

your heirs, estate or legal representative) may have, whether or not you (or your heirs, estate or legal<br />

representative) chooses to pursue that claim. You must cooperate with the Plan Administrator and<br />

Employer in any respect necessary or advisable to make, perfect or prosecute such claim, right or<br />

cause of action, and shall enter into a subrogation agreement with the Plan upon the request of the<br />

Plan Administrator or Employer. By this assignment, the Plan’s right to recover from insurers includes,<br />

without limitation, such recovery rights against no-fault auto insurance carriers in a situation where no<br />

third party may be liable.<br />

2) Reimbursement. The Plan also reserves the right of reimbursement. This means that, to the extent<br />

the Plan provides or pays benefits or expenses for Covered Services, you must repay the Plan from,<br />

and the Plan has the right to reimbursement from, any amounts recovered by suit, claim, settlement<br />

or otherwise, from any person, entity, organization or insurer, including your own insurer and any<br />

under insured or uninsured motorist coverage, for those benefits or expenses (even if the amounts<br />

recovered are not designated as payments of medical expenses). The amount of the Plan’s<br />

37


eimbursement rights shall equal the full amount you receive up to the total amount paid by the Plan<br />

for the benefits or expenses for Covered Services.<br />

The Plan’s right of reimbursement applies on a first-dollar basis and shall have priority over your or<br />

anyone else’s rights until the Plan recovers the total amount the Plan paid for Covered Services. The<br />

Plan’s right of reimbursement for the total amount the Plan paid for Covered Services is absolute and<br />

applies whether or not you receive, or are entitled to receive, a full or partial recovery or whether or<br />

not you are “made whole” by reason of any recovery from any other person or entity, and applies to<br />

funds paid for any reason, including non-medical or dental charges, attorney fees, or other costs and<br />

expenses. This provision is intended to and does reject and supersede the “make whole” rule, which<br />

rule might otherwise require that you be “made whole’ before the Plan may be entitled to assert its<br />

right of reimbursement.<br />

By filing a claim for and/or accepting benefits (whether the payment of such benefits is made to you<br />

or made on behalf of you to any Provider) under this Plan, you are deemed to have consented to the<br />

Plan’s right of reimbursement and to have agreed to cooperate with the Plan Administrator and<br />

Employer in any respect necessary or advisable to make, perfect or prosecute such claim, right or<br />

cause of action, and shall enter into a reimbursement agreement with the Plan upon the request of<br />

the Plan Administrator or Employer.<br />

3) Equitable Lien and other Equitable Remedies. The Plan shall have an equitable lien against any<br />

right you may have to recover all or part of the benefits or expenses for Covered Services paid by the<br />

Plan from any party, including an insurer or another group health program, but limited to the total<br />

amount paid by the Plan for the benefits or expenses for Covered Services. The equitable lien also<br />

attaches to any right to payment from workers’ compensation, whether by judgment or settlement,<br />

where the Plan has paid Covered Expenses prior to a determination that the Covered Expenses<br />

arose out of and in the course of employment. Payment by workers’ compensation insurers or the<br />

Employer will be deemed to mean that such a determination has been made.<br />

This equitable lien shall also attach to any money or property that is obtained by anybody (including,<br />

but not limited to, you, your attorney, and/or a trust), whether by judgment, settlement or otherwise,<br />

as a result of an exercise of your rights of recovery for benefits or expenses for Covered Services<br />

paid by the Plan, up to the total amount paid by the Plan for the benefits or expenses for Covered<br />

Services (sometimes referred to as “proceeds”). The lien may be enforced against any party who<br />

possesses proceeds representing an amount paid by the Plan for the benefits or expenses for<br />

Covered Services including, but not limited to, you, your representative or agent; third party; third<br />

party’s insurer, representative, or agent; and/or any other source possessing funds representing an<br />

amount paid by the Plan for the benefits or expenses for Covered Services. The Plan shall also be<br />

entitled to seek any other equitable remedy against any party possessing or controlling such<br />

proceeds. At the discretion of the Plan Administrator, the Plan may reduce any future Covered<br />

Expenses otherwise available to you under the Plan by an amount up to the total amount paid by the<br />

Plan for the benefits or expenses for Covered Services that is subject to the equitable lien.<br />

This and any other provisions of the Plan concerning equitable liens and other equitable remedies are<br />

intended to meet the standards for enforcement under ERISA that were enunciated in the United States<br />

Supreme Court’s decisions entitled, Great-West Life & Annuity Insurance Co. v. Knudson, 534 U.S., 204<br />

(1/8/2002); and Sereboff v. Mid Atlantic Medical Services, Inc., 126 Sup. Ct. 1869 (2006). The provisions<br />

of the Plan concerning subrogation, equitable liens and other equitable remedies are also intended to<br />

supersede the applicability of the federal common law doctrine commonly referred to as the “common<br />

fund” rule.<br />

By accepting benefits (whether the payment of such benefits is made to you or made on behalf of you<br />

to any Provider) from the Plan, you agree that if you receives any payment from any third party as a<br />

result of an Injury, Illness, or condition for which benefits are paid by the Plan, you will serve as a<br />

constructive trustee over the funds that constitutes such payment. Failure to hold such funds in trust<br />

will be deemed a breach of your fiduciary duty to the Plan.<br />

38


4) Assisting in Plan’s Reimbursement Activities. You have an obligation to assist the Plan in obtaining<br />

reimbursement of the total amount paid on your behalf for the benefits or expenses for Covered<br />

Services, and to provide the Plan with any information concerning your other insurance coverage<br />

(whether through automobile insurance, other group health program, or otherwise) and any other person<br />

or entity (including your insurer(s)) that may be obligated to provide payments or benefits to you or for<br />

your benefit. You are required to (a) notify the Plan Administrator within 30 days of the date when any<br />

notice is given to any party, including an insurance company or attorney, of your intention to pursue or<br />

investigate a claim to recover damages or obtain compensation due to Injury, Illness, or a condition<br />

sustained by you, (b) cooperate fully in the Plan’s exercise of its rights to subrogation and<br />

reimbursement, (c) not do anything to prejudice those rights (such as settling a claim against another<br />

party without including the Plan as a co-payee for the total amount paid on your behalf for the benefits<br />

or expenses for Covered Services and notifying the Plan) or to prejudice the Plan’s ability to enforce<br />

the terms of this provision, (d) sign any document deemed by the Plan Administrator to be relevant to<br />

protecting the Plan’s subrogation, reimbursement or other rights, and (e) provide relevant information<br />

when requested. The term “information” includes any documents, insurance policies, police reports, or<br />

any reasonable request by the Plan Administrator to enforce the Plan’s rights. Failure to provide<br />

requested information may result in the termination of your coverage under the Plan or the institution<br />

of court proceeding against you.<br />

5) Overpayments. If a benefit payment is made to or on behalf of any person that exceeds the benefit<br />

amount such person is entitled to receive in accordance with the terms of the Plan, this Plan has the<br />

right:<br />

• To require the return of the overpayment on request; or<br />

• To reduce, by the amount of the overpayment, any future benefit payment made to or on behalf of<br />

that person or another person in his or her family.<br />

This provision does not affect any other right of recovery the Plan may have with respect to<br />

overpayments.<br />

Your failure to follow the above terms and conditions may result, at the discretion of the Plan<br />

Administrator, in a reduction from future benefit payments available to you under the Plan of an amount<br />

up to the aggregate amount paid on your behalf for the benefits or expenses for Covered Services that<br />

has not been reimbursed to the Plan.<br />

In the event that any claim is made that any part of this subrogation and reimbursement provision is<br />

ambiguous or questions arise concerning the meaning or intent of any of its terms, the Plan Administrator<br />

or its delegate shall have the sole authority and discretion to resolve all disputes regarding the<br />

interpretation of this provision.<br />

By accepting benefits (whether the payment of such benefits is made to you or made on behalf of you to<br />

any Provider) from the Plan, you agree that any court proceeding with respect to this provision may be<br />

brought in any court of competent jurisdiction as the Plan may elect. By accepting such benefits, you<br />

hereby submit to each such jurisdiction, waiving whatever rights may correspond to you by reason of your<br />

present or future domicile.<br />

AMENDMENT OR TERMINATION OF THE <strong>PLAN</strong><br />

<strong>Trinity</strong> <strong>Health</strong> intends to continue this Plan indefinitely. However, certain circumstances may require that<br />

this Plan be amended or terminated. <strong>Trinity</strong> <strong>Health</strong> expressly reserves the right to amend, modify, or<br />

terminate this Plan at any time in its sole discretion by action of a duly Authorized Representative.<br />

In the event that any such action results in the termination of coverage, benefits will only be paid for<br />

claims incurred prior to the date of termination of coverage.<br />

39


STATE OF MICHIGAN DISCLOSURE REQUIREMENT<br />

The Plan is a self-funded plan. Covered Individuals in this Plan are not insured. In the event this Plan does<br />

not ultimately pay expenses that are eligible for payment under this Plan for any reason, the individuals<br />

covered by this Plan may be liable for those expenses.<br />

The Medical Claims Administrator, Aetna, merely processes claims and does not insure that any medical<br />

expenses of individuals covered by this Plan will be paid.<br />

Complete and proper claims for benefits made by Covered Individuals will be promptly processed. In the<br />

event of a delay in processing, the Covered Individual shall have no greater right or interest or other remedy<br />

against the Medical Claims Administrator than as otherwise afforded by law.<br />

40


EMPLOYEE RETIREMENT INCOME SECURITY ACT OF<br />

1974 (ERISA) STATEMENT OF PARTICIPANT RIGHTS<br />

As a participant in the Plan, you are entitled to certain rights and protections under the Employee<br />

Retirement Income Security Act of 1974, as amended (“ERISA”). ERISA provides that all Plan<br />

participants shall be entitled to:<br />

RECEIVE INFORMATION ABOUT YOUR <strong>PLAN</strong> AND BENEFITS<br />

• Examine, without charge, at the Plan Administrator’s office and at other specified locations, such as<br />

worksites and union halls, all documents governing the Plan, including insurance contracts and<br />

collective bargaining agreements, and a copy of the latest annual report (Form 5500 Series) filed by<br />

the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the<br />

Employee <strong>Benefits</strong> Security Administration.<br />

• Obtain, upon written request to the Plan Administrator, copies of documents governing the operation<br />

of the Plan, including insurance contracts and collective bargaining agreements, and copies of the<br />

latest annual report (Form 5500 Series) and updated Summary Plan Description. The Plan<br />

Administrator may make a Reasonable Charge for the copies.<br />

• Receive a summary of the Plan’s annual financial report. The Plan Administrator is required to furnish<br />

each participant with a copy of this summary annual report.<br />

CONTINUE GROUP HEALTH <strong>PLAN</strong> COVERAGE<br />

• Continue health care coverage for yourself, spouse or other Dependents if there is a loss of coverage<br />

under the Plan as a result of a qualifying event. You or your Dependents may have to pay for such<br />

coverage. Review this Summary Plan Description and the documents governing the Plan on the rules<br />

governing your COBRA continuation coverage rights.<br />

• Reduction or elimination of exclusionary periods of coverage for preexisting conditions under the<br />

Plan, if you have creditable coverage from another plan. You should be provided a certificate of<br />

creditable coverage, free of charge, from the Plan or health insurance issuer when you lose coverage<br />

under the Plan, when you become entitled to elect COBRA continuation coverage, when your<br />

COBRA continuation coverage ceases, if you request it before losing coverage, or if you request it up<br />

to 24 months after losing coverage. Without evidence of creditable coverage, you may be subject to a<br />

preexisting condition exclusion for 12 months (18 months for Late Enrollees) after your enrollment<br />

date in your coverage.<br />

PRUDENT ACTION BY <strong>PLAN</strong> FIDUCIARIES<br />

In addition to creating rights for Plan participants ERISA imposes duties upon the people who are<br />

responsible for the operation of the employee benefit plan. The people who operate your Plan, called<br />

“fiduciaries” of the plan, have a duty to do so prudently and in the interest of you and other Plan<br />

participants and beneficiaries. No one, including your employer, your union, or any other person, may fire<br />

you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or<br />

exercising your rights under ERISA.<br />

ENFORCE YOUR RIGHTS<br />

If your claim for a welfare benefit is denied or ignored, in whole or in part, you have the right to know why<br />

this was done, to obtain documents relating to the decision without charge, and to appeal any denial, all<br />

within certain time schedules.<br />

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a<br />

copy of Plan documents or the latest annual report from the Plan and do not receive them within 30 days,<br />

41


you may file suit in a Federal court. In such a case, the court may require the Plan Administrator to<br />

provide the materials and pay you up to $110 a day until you receive the materials, unless the materials<br />

were not sent because of reasons beyond the control of the Plan Administrator. If you have a claim for<br />

benefits which is denied or ignored, in whole or in part, you may file suit in a state or Federal court. In<br />

addition, if you disagree with the Plan’s decision or lack thereof concerning the qualified status of a<br />

domestic relations order or medical child support order, you may file suit in Federal court. If it should<br />

happen that Plan fiduciaries misuse the Plan’s money, of if you are discriminated against for asserting<br />

your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal<br />

court. The court will decide who should pay court costs and legal fees. If you are successful, the court<br />

may order the person you have sued to pay these costs and fees. If you lose, the court may order you to<br />

pay these costs and fees, for example, if it finds your claim is frivolous.<br />

ASSISTANCE WITH YOUR QUESTIONS<br />

If you have any questions about your Plan, you should contact the Plan Administrator. If you have any<br />

questions about this statement or about your rights under ERISA, or if you need assistance in obtaining<br />

documents from the Plan Administrator, you should contact the nearest office of the Employee <strong>Benefits</strong><br />

Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of<br />

Technical Assistance and Inquiries, Employee <strong>Benefits</strong> Security Administration, U.S. Department of<br />

Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210. You may also obtain certain publications<br />

about your rights and responsibilities under ERISA by calling the publications hotline of the Employee<br />

<strong>Benefits</strong> Security Administration.<br />

42


IMPORTANT INFORMATION ABOUT THE <strong>PLAN</strong><br />

Plan Sponsor <strong>Trinity</strong> <strong>Health</strong><br />

34605 Twelve Mile Road<br />

Farmington Hills, MI 48331<br />

Name of Plan and<br />

Type of Plan<br />

Plan Number 504<br />

Employer Identification Number: 35-1443425<br />

Phone Number: 248-324-8117<br />

The Medical Program under component Plan 504 of the <strong>Trinity</strong> <strong>Health</strong><br />

Welfare Benefit Plan<br />

This Plan is a welfare benefits plan providing medical benefits.<br />

Plan Year The Plan Year begins on January 1st and ends on December 31st, and Plan<br />

records are maintained on that basis.<br />

Plan<br />

Administrator and<br />

Named Fiduciary<br />

Type of Administration<br />

and Fund<br />

The Plan Administrator, named fiduciary and agent for service of legal<br />

process is:<br />

<strong>Trinity</strong> <strong>Health</strong><br />

34605 Twelve Mile Road<br />

Farmington Hills, MI 48331<br />

<strong>Benefits</strong> under the Plan are self-insured. The following entity is responsible<br />

for the day-to-day administration of the Plan (Aetna <strong>PPO</strong> <strong>Health</strong> Care Plan<br />

option) described in this SPD, including claims processing:<br />

Aetna Life Insurance Company<br />

151 Farmington Avenue<br />

Hartford, CT 06156<br />

The Aetna <strong>PPO</strong> health care plan option was effective as of January 1, 2008.<br />

Cost of the Plan You and your Employer share the cost of providing Plan benefits for you and<br />

your eligible Dependents.<br />

Request for Plan<br />

Information<br />

The Plan is funded through the general assets of the Employer. In the event of<br />

Plan termination, there are no specific assets set aside to use to pay claims<br />

incurred prior to the date of such termination. If the Plan should be terminated,<br />

only claims incurred prior to the date of such termination would be paid by the<br />

Plan.<br />

Requests to review Plan documents, requests for copies of Plan documents,<br />

and questions regarding Plan operations should be directed to Plan<br />

Administrator at the address and telephone number provided above.<br />

43


HOW SERVICES ARE PAID THROUGH THE <strong>PLAN</strong><br />

Both you and the Employer pay a portion of the total cost for your health care coverage. This is called<br />

“cost sharing.” The total cost of your health care coverage includes payroll contributions, Copayments,<br />

Coinsurance amounts, Deductibles, claim costs, and administrative fees. Here is an explanation of how<br />

your health care coverage is paid.<br />

1) When you elect coverage under the Plan, you pay for your coverage through payroll contributions.<br />

The amount of your contributions is based on the level of coverage you choose.<br />

2) When you receive health care services, you must first meet the annual Deductible before the Plan<br />

starts to pay its portion of the expenses. The amount of the Deductible is based on your coverage<br />

level. Keep in mind, there is a Deductible for Covered Expenses and a separate Deductible for<br />

covered Prescription Drug expenses.<br />

3) Once you have met the annual Deductible, you will pay a Copayment or Coinsurance amount for your<br />

health care services. A Copayment is a fixed flat-dollar amount you pay. The Plan pays the remaining<br />

amount. When you pay Coinsurance, you pay a percentage of the expense and the Plan pays the<br />

remaining percentage.<br />

4) You will continue to pay Copayment or Coinsurance amounts for covered services until you meet the<br />

Out-of-Pocket Maximum. The Out-of-Pocket Maximum is the most you will pay for covered expenses<br />

during a Plan Year. Once you meet the Out-of-Pocket Maximum (based on your coverage level) the<br />

Plan will pay the remaining expenses for that Plan Year. You should note, certain expenses do not<br />

count toward the Out-of-Pocket Maximum and are listed below.<br />

The following amounts not counted toward the Out-of-Pocket Maximum expense limit and, therefore, not<br />

eligible for 100 percent payment even if the Out-of-Pocket Maximum expense limit is met:<br />

• Copayments<br />

• Deductibles<br />

• Amounts over the usual, customary, and Reasonable Charges (UCR)<br />

• Applicable Penalties<br />

• Coinsurance or Copayments for Prescription Drugs<br />

• Office visit Copayments<br />

• Hospital Inpatient Copayments<br />

• Coinsurance for services related to Temporomandibular Joint Syndrome<br />

• Coinsurance for infertility drugs<br />

Expenses applied toward the non-Network Out-of-Pocket Maximum will be used to satisfy the Network Outof-Pocket<br />

Maximum, and expenses applied to the Network Out-of-Pocket Maximum will be applied to the<br />

non-Network Out-of-Pocket Maximum.<br />

44


COVERED MEDICAL EXPENSES<br />

The Plan provides coverage for most Medically Necessary services, procedures and supplies. Most<br />

specific services that are not covered are listed in this Booklet.<br />

The Plan is designed to provide levels of benefits based on the choices you make. By choosing the<br />

services of a <strong>Trinity</strong> <strong>Health</strong> Facility or a Network provider, you will receive a higher level of payment.<br />

Detailed information about how benefits will be paid can be found in the <strong>Benefits</strong> Summary.<br />

HOW WILL YOU BENEFIT FROM CHOOSING A NETWORK PROVIDER?<br />

The Plan has contracted with certain physician and hospital providers to be the Plan's Network providers.<br />

The Plan, Aetna, the Employer, and the Plan Administrator do not provide any guarantee concerning the<br />

care provided by Network providers. Copies of the <strong>PPO</strong> provider directories can be obtained, at no<br />

charge, from the Human Resources / Organization and Talent Effectiveness http://mybenefits.trinityhealth.org/columbus/2008.shtml.<br />

You, together with your physician, are ultimately responsible for determining the appropriate treatment<br />

regardless of coverage by this Plan.<br />

WHAT HAPPENS IF YOU ARE NOT ABLE TO USE A NETWORK PROVIDER?<br />

When you or your covered Dependent(s) choose to receive covered services or supplies from a Network<br />

provider, the Plan will pay as described in the <strong>Benefits</strong> Summary.<br />

NOTE: If a Network physician or facility cannot perform a course of treatment or procedure, you must<br />

obtain an approved referral prior to receiving services by a Non-Network physician or facility. In order to<br />

complete this process, you must contact Aetna at 1-800-544-5108. Whenever possible, a referral to a<br />

<strong>Trinity</strong> <strong>Health</strong> approved physician or facility will be provided. When that is not possible, your doctor may<br />

provide a referral to a Non-Network physician or facility. Please remember that the referral must be<br />

obtained prior to receiving the services from a Non-Network physician or facility. Failure to obtain an<br />

approved referral prior to receiving services will result in no benefits being paid. Please refer to the<br />

<strong>Benefits</strong> Summary for further information.<br />

If you and your covered Dependents reside in an area where Network providers are not available, the<br />

Plan will pay benefits at the Network level when services have been referred in accordance with the<br />

above.<br />

If you or your covered Dependents need emergency treatment for an accidental bodily injury or a lifethreatening<br />

medical emergency and seek treatment (via car or ambulance) at the nearest facility that is<br />

not a <strong>Trinity</strong> <strong>Health</strong> facility or Network provider, the Plan will pay benefits at the Network level.<br />

If a covered service, supply, course of treatment or procedure cannot be performed by a <strong>Trinity</strong> <strong>Health</strong><br />

facility or a Network provider; the Plan will pay benefits at the Network level (with approved referral). Any<br />

related laboratory tests, x-rays or follow-up visits by the same Non-Network provider will be paid at the<br />

Network level. It is your responsibility to investigate the availability of a needed provider.<br />

If you seek or are referred for services from a Non-Network provider and such specialty provider and/or<br />

covered service, supply, course of treatment or procedure can be performed by a Network provider, the<br />

Plan will pay benefits at the Non-Network level. Any related laboratory tests, x-rays or follow-up visits by<br />

the same Non-Network provider will be paid at the Non-Network level. It is your responsibility to<br />

investigate the availability of a needed provider.<br />

If you or your covered Dependents use a <strong>Trinity</strong> <strong>Health</strong> or a Network facility for inpatient/outpatient<br />

services/procedures, but the <strong>Trinity</strong> <strong>Health</strong> or a Network facility uses a Non-Network provider for<br />

anesthesia, the interpretation of laboratory tests and x-rays and other Medically Necessary services, the<br />

Plan will pay benefits at the Network level.<br />

45


If you or your covered Dependents are admitted to a Non-Network hospital through the emergency room,<br />

the Plan will pay benefits for that confinement at the Network level until you are stable. At that point, the<br />

Plan will pay benefits at the Non-Network level, unless you are transferred to a <strong>Trinity</strong> <strong>Health</strong> or Network<br />

facility.<br />

WHAT IS THE <strong>PLAN</strong> DEDUCTIBLE?<br />

The Plan considers the Network allowable rate for Medically Necessary services and supplies.<br />

Services that are covered by the Plan are payable after the annual Deductible has been satisfied. Please<br />

see the <strong>Benefits</strong> Summary for detailed information regarding the Deductible amount.<br />

The Deductible is satisfied on a calendar year basis with expenses from January through December. Any<br />

expense applied toward the Deductible during the last three months of the calendar year may be applied<br />

towards the Deductible for the following year.<br />

When an individual's coverage becomes effective during a calendar year, the Deductible will apply only to<br />

expenses that are incurred after the coverage effective date.<br />

Network Copays and prescription drug Copays cannot be used to satisfy the Plan’s calendar year<br />

Deductible.<br />

WHAT IS YOUR OUT-OF-POCKET MAXIMUM EXPENSE?<br />

This Plan shares with you the expense for certain services. Your Coinsurance is the balance that you<br />

must pay of the covered charge for covered benefits when plan payment is at a percentage other than<br />

100percent.<br />

This plan is designed to limit your out-of-pocket. The out-of-pocket maximum expense limits are for<br />

Covered Services rendered during each calendar year.<br />

The out-of-pocket maximum expense varies depending on the option chosen. Please see the <strong>Benefits</strong><br />

Summary for detailed information regarding your out-of-pocket maximum amount.<br />

For services rendered during the remainder of the calendar year after a Covered Individual or family<br />

reaches their out-of-pocket maximum expense limit, this plan will pay 100percent of the reasonable and<br />

customary allowance for subsequent expenses.<br />

Expenses that are not included in the out-of-pocket maximum limit and are not eligible for 100 percent<br />

payment even if the out-of-pocket maximum limit is met are:<br />

• Deductibles<br />

• Amounts over the usual, customary, and reasonable charges (UCR)<br />

• Applicable Penalties<br />

• Charges for services rendered without required referral<br />

• Coinsurance or copayments for prescription drugs<br />

• Plan Copays (including, but not limited to, office visit Copays, Hospital Inpatient Copays, etc.)<br />

• Coinsurance for services related to Temporomandibular Joint Syndrome<br />

HEALTH MANAGEMENT SERVICES<br />

The services outlined in this section of the Plan are part of Aetna <strong>Health</strong> Management Services.<br />

Together, they ensure that you receive high quality, cost-effective care.<br />

It is important to remember that this Plan covers only those procedures, services, and supplies that are<br />

Medically Necessary unless otherwise specified. For a service to be covered it must be considered<br />

46


necessary for the diagnosis or treatment of an Illness or Injury and the care must be given at the<br />

appropriate level. In determining questions of reasonableness and necessity, consideration is given to the<br />

customary practices of Physicians in the community where the service is provided.<br />

Services, which are NOT considered to be Medically Necessary, include, but are not limited to:<br />

• Procedures of unproven value or of questionable current usefulness<br />

• Procedures, which could be unnecessary when, performed in combination with other procedures<br />

• Diagnostic procedures, which are unlikely to provide a Physician with additional information when<br />

used repeatedly<br />

• Procedures which are not ordered by a Physician or which are not documented in a timely fashion in<br />

the patient’s medical record, or which can be performed with equal effectiveness at a lower level of<br />

care facility (e.g., on an outpatient basis).<br />

For example, a medically unnecessary Hospital admission would be one, which does not require acute<br />

Hospital bed patient care and could have been provided in a Physician’s office, Hospital Outpatient<br />

department, or lower level of care facility without reduction in the quality of care provided and without<br />

harm to the patient. Also, a Hospital admission primarily for observation, evaluation, or diagnostic study,<br />

which could be provided adequately and safely on an outpatient basis is considered to be medically<br />

unnecessary.<br />

CASE MANAGEMENT<br />

Case management is a service designed to develop a quality plan of care. Aetna nurses and other<br />

clinicians will partner with you and your Physician to coordinate your care. They will ensure that you<br />

receive high quality, cost-effective care by accessing your condition, evaluating your needs, and<br />

monitoring your progress.<br />

If you are diagnosed with a serious Illness or suffer a serious Injury, an Aetna nurse will review your<br />

treatment plan with your Physician, and will clarify questions that you may have regarding your treatment.<br />

You can contact an Aetna nurse any time you have a question or concern regarding your treatment. The<br />

nurse will provide you with information about the treatment and will assist you in evaluating your options.<br />

When the patient chooses to follow the recommendations made through case management, the Plan<br />

may, at its discretion, cover additional expenses of alternative care and supplies when recommended by<br />

medical case managers.<br />

If the Plan Administrator determines through case management that the treatment plan submitted is<br />

appropriate, then the Plan participant must follow this plan of treatment in order to receive benefits under<br />

this Plan.<br />

PRE-CERTIFICATION OF SERVICES<br />

A Hospital stay can be a serious and expensive part of your course of treatment. This Plan has a special<br />

program, Pre-Certification of Services, to make sure that you are not Hospitalized unnecessarily. If you<br />

are admitted to (or registered as a patient at) a Hospital or a rehabilitation facility, whether for emergency<br />

treatment, elective non-emergency treatment, or maternity care in excess of 48 hours for normal<br />

deliveries or 96 hours for cesarean delivery, you or a member of your family should call <strong>AETNA</strong> at the<br />

number listed on your medical identification card. The call should be made prior to the elective hospital<br />

admission. It is your responsibility in conjunction with your Physician’s office to obtain Pre-Certification of<br />

Services.<br />

Aetna’s nurse and your admitting Hospital review your Inpatient treatment plan before and during your<br />

Hospitalization. The objective is to help you obtain all the information you need to make informed<br />

decisions. The <strong>AETNA</strong> nurse:<br />

47


• Checks Medical Necessity of the Hospital admission and length of stay against generally accepted<br />

medical standards,<br />

• Suggests alternative treatment settings, if appropriate, and<br />

• Assist with discharge planning.<br />

You will be notified by mail of the approved length of stay. Additional days may be assigned based on<br />

Medical Necessity.<br />

The final decision regarding treatment and Hospitalization is yours. Maximum allowable Plan benefits are<br />

paid as long as these steps are followed prior to any Inpatient Hospitalization.<br />

If you or a covered Dependent are admitted to a hospital for any reason without prior approval:<br />

• Contact Aetna by telephone within two business days of the admission. You, a family member, or<br />

your Physician may make the contact.<br />

MENTAL DISORDERS AND/OR SUBSTANCE ABUSE<br />

In addition, all Inpatient services (including partial Hospitalization), intensive Outpatient services, and<br />

Outpatient psychiatric testing for Mental Disorders and/or substance abuse require pre-certification<br />

through Aetna Behavioral <strong>Health</strong>. Please note that if pre-certification is not received for these services,<br />

benefits will not be payable. For pre-certification coordination contact:<br />

Aetna, Inc.<br />

P.O. Box 981107<br />

El Paso, TX 79998-1107<br />

800-544-5108<br />

<strong>Benefits</strong> available under this Plan for the treatment of Mental Disorders and/or substance abuse are<br />

payable as described in <strong>Benefits</strong> Summary.<br />

EX<strong>PLAN</strong>ATION OF SOME IMPORTANT <strong>PLAN</strong> PROVISIONS<br />

INPATIENT FACILITY COPAY<br />

This is the amount of Inpatient Facility Expenses you pay for each Hospital, each Convalescent Facility, or<br />

each treatment facility confinement of a Covered Individual. The Inpatient Hospital Copay will only be applied<br />

once to all Hospital confinements, regardless of cause, which are separated by less than 90 days.<br />

CALENDAR YEAR DEDUCTIBLE<br />

This is the amount of Covered Expenses you pay each calendar year before benefits are paid. There is a<br />

Calendar Year Deductible that applies to each Covered Individual.<br />

FAMILY DEDUCTIBLE LIMIT<br />

If Covered Expenses incurred in a calendar year by you and your Dependents and applied against the<br />

separate Calendar Year Deductibles equal the Family Deductible Limit, you and your Dependents will be<br />

considered to have met the separate Calendar Year Deductibles for the rest of that calendar year.<br />

HOSPITAL EMERGENCY ROOM COPAY<br />

A separate Hospital Emergency Room Copay applies to each visit for emergency room care, by a Covered<br />

Individual to a Hospital's emergency room, unless the Covered Individual is admitted to the Hospital as an<br />

Inpatient immediately following a visit to a Hospital emergency room.<br />

48


URGENT CARE COPAY<br />

A separate Urgent Care Copay applies to each visit for urgent care by a person to an Urgent Care Provider<br />

unless the person is admitted to the Hospital as an Inpatient immediately following a visit to an Urgent Care<br />

Provider.<br />

GENETIC TESTING/SCREENING AND COUNSELING<br />

Genetic testing/screening is done to look for abnormalities in a person’s genes, or the presence/absence<br />

of key proteins whose production is directed by specific genes.<br />

Please refer to the <strong>Benefits</strong> Summary for additional information.<br />

Covered Individuals must be referred by a Physician to a Genetic Counselor before testing can occur.<br />

You will be asked to sign a consent form before the test is performed. Only one evaluation visit can<br />

initially be approved.<br />

Genetic counseling, testing and/or screening is covered when all of the following conditions are met:<br />

1) Covered Individual is referred by a Physician to a Genetic Counselor before testing<br />

2) Informed written consent is obtained before and after testing/screening<br />

3) The test has been proven valid (regulatory agency approval)<br />

4) Factors exist to justify that a Covered Individual is at increased risk<br />

5) Knowledge of presence or absence of condition would directly affect medical care, where:<br />

a) The disease is treatable or preventable<br />

b) The test results will lead to a marked change in the intensity of surveillance/treatment of that<br />

disease<br />

NOTE: Tests commonly performed on amniotic fluid by a Physician do not require Genetic Counseling.<br />

Genetic Testing/screening is performed:<br />

a) To determine whether a person has a Genetic Disorder caused by a genetic defect,<br />

b) To determine whether a person is a carrier of a Genetic Disorder caused by a genetic<br />

abnormality,<br />

c) To determine a person’s risk of developing a disease,<br />

d) To predict response to therapy,<br />

e) If there is a history of spontaneous abortions,<br />

f) If a Covered Individual gave birth to a child with a Genetic Disorder or chromosomal abnormality,<br />

g) If there is a family history of certain inherited Genetic Disorders, or the Covered Individual has<br />

symptoms of certain inherited Genetic Disorders and requires a diagnosis,<br />

h) For a Dependent child if there is an increased risk of developing a childhood malignancy,<br />

i) For an adopted child(ren), where the family history is unavailable or unknown, for conditions that<br />

manifest themselves during childhood and for which preventive measures or therapy may be<br />

undertaken during childhood.<br />

Genetic Counseling, testing and/or screen may be covered for non-Covered Individuals when BRCA<br />

testing is required to assess the need for Prophylactic Mastectomies or Oophorectomies for a Covered<br />

Individual.<br />

49


All of the following criteria must be met:<br />

a) The information is needed to adequately assess risk in the Covered Individual;<br />

b) The information will be used in the immediate care of the Covered Individual;<br />

c) The non-Covered Individual’s plan (if any) will not cover the test (proof required).<br />

Notwithstanding any genetic testing that is covered under the Plan and performed on behalf of a Covered<br />

Individual, the Plan will not discriminate in its health coverage on the basis of genetic information<br />

pursuant to the Genetic Information Nondiscrimination Act of 2008 (“GINA”). The Plan will comply with the<br />

requirements of GINA to the extent applicable.<br />

NOT COVERED:<br />

• Routine, ongoing, or long-term Genetic Counseling<br />

• Genetic testing to determine the paternity of a child<br />

• Genetic testing to determine the sex of a child<br />

• Genetic testing to determine one’s own genetic predisposition<br />

• General population screening for Genetic Disorders (example-cystic fibrosis)<br />

• Prenatal genetic screening undertaken with the intention of aborting the child<br />

• Genetic testing or screening in children or adolescents, except as provided<br />

• Genetic testing/screening for any individual who is not an eligible Associate or Dependent as defined<br />

in the section titled ELIGIBILITY of this Plan<br />

• Genetic testing for:<br />

o Huntington’s Chorea Disease,<br />

o Li-Fraumeni syndrome,<br />

o Melanoma and melanoma-associated syndromes,<br />

o Ataxia Telanglextasaia-associated susceptibilities.<br />

• Surgical procedure and related expenses that are performed as a precautionary measure when there<br />

is no presence of cancer or other disease (e.g., preventative mastectomy)<br />

HOSPITAL EXPENSES<br />

INPATIENT HOSPITAL EXPENSES<br />

Charges made by a Hospital for giving room and board and other Hospital services and supplies to a<br />

Covered Individual who is confined as a full-time Inpatient.<br />

If a private room is used, the daily room and board charge will be covered if the Covered Individual’s<br />

Preferred Care Provider requests the private room; and the request is pre-approved by Aetna.<br />

If the above procedures are not met, any part of the daily room and board charge, which is more than the<br />

Private Room Limit is not covered.<br />

OUTPATIENT HOSPITAL EXPENSES<br />

Charges made by a Hospital for Hospital services and supplies, which are given to a person who is not<br />

confined as a full-time Inpatient.<br />

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OUTPATIENT SURGICAL EXPENSES<br />

Covered Expenses include charges for Outpatient surgical expenses to the extent shown below.<br />

Covered Expenses include charges made:<br />

• In its own behalf by:<br />

o A Surgery center;<br />

o The Outpatient department of a Hospital; or<br />

o An office based surgical facility of a Physician or a Dentist.<br />

• On behalf of a salaried staff Physician by the Outpatient department of a Hospital.<br />

• For Outpatient Services and Supplies furnished in connection with a surgical procedure performed in<br />

the center or in a Hospital. The procedure must meet these tests:<br />

o It is not expected to:<br />

� Result in extensive blood loss;<br />

� Require major or prolonged invasion of a body cavity; or<br />

� Involve any major blood vessels.<br />

o It can safely and adequately be performed only in a Surgery center or in a Hospital or in an office<br />

based surgical facility of a Physician or a Dentist.<br />

o It is not normally performed in the office of a Physician or a Dentist.<br />

OUTPATIENT SERVICES AND SUPPLIES<br />

These are services and supplies furnished by the Surgery center or by a Hospital on the day of the<br />

procedure.<br />

LIMITATIONS<br />

No benefit is paid for charges incurred while the Covered Individual is confined as a full-time Inpatient in a<br />

Hospital.<br />

CONVALESCENT FACILITY EXPENSES<br />

Charges made by a Convalescent Facility for the following services and supplies. They must be furnished<br />

to a person while confined to convalesce from an Illness or Injury. Includes:<br />

• Board and room (this includes charges for services, such as general nursing care, made in<br />

connection with room occupancy. Not included is any charge for daily room and board in a private<br />

room over the Private Room Limit)<br />

• Use of special treatment rooms<br />

• X-ray and lab work<br />

• Physical, occupational or speech therapy<br />

• Oxygen and other gas therapy<br />

• Other medical services usually given by a Convalescent Facility (this does not include private or<br />

special nursing or Physician's services)<br />

• Medical supplies<br />

<strong>Benefits</strong> will be paid for no longer than the Convalescent Days Maximum during any one calendar year.<br />

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LIMITATIONS TO CONVALESCENT FACILITY EXPENSES<br />

This section does not cover charges made for treatment of:<br />

• Drug addiction<br />

• Chronic brain syndrome<br />

• Alcoholism<br />

• Senility<br />

• Mental retardation<br />

• Any other mental disorder<br />

HOME HEALTH CARE EXPENSES<br />

Home <strong>Health</strong> Care expenses are covered if:<br />

• The charges are made by a R.N. or L.P.N. or a nursing agency for “skilled nursing services”; or<br />

• The charge is made by a Home <strong>Health</strong> Care Agency under a Home <strong>Health</strong> Care plan for care given<br />

to a Covered Individual in his or her home.<br />

The following services are covered as “skilled nursing services:”<br />

• Visiting nursing care by a R.N. or L.P.N. Visiting nursing care means a visit of not more than four<br />

hours for the purpose of performing specific skilled nursing tasks<br />

• Private duty nursing by a R.N. or L.P.N. if the Covered Individual’s condition requires skilled nursing<br />

care and visiting nursing care is not adequate<br />

Home <strong>Health</strong> Care expenses are charges for:<br />

• Part-time or intermittent care by a R.N. or L.P.N. if an R.N. is not available<br />

• Physical, occupational, and speech therapy<br />

• Part-time or intermittent home health aide services for patient care<br />

• The following to the extent they would have been covered under this Plan if the Covered Individual<br />

had been confined in a Hospital or Convalescent Facility:<br />

o Medical supplies;<br />

o Drugs and medicines prescribed by a Physician; and<br />

o Lab services provided by or for a Home <strong>Health</strong> Care Agency.<br />

There is a maximum to the number of visits covered in a calendar year for each Covered Individual for<br />

Home <strong>Health</strong> Care Expenses.<br />

As to skilled nursing care:<br />

• Each visiting nurse shift or private duty nursing shift of four hours or less counts as one visit;<br />

• Each such shift of over four hours but less than eight hours counts as two visits.<br />

As to Home <strong>Health</strong> Care:<br />

• Each visit by a nurse or therapist is one visit;<br />

• Each visit of up to four hours by a home health aide is one visit.<br />

52


LIMITATIONS TO HOME CARE EXPENSES<br />

Covered Expenses for skilled nursing care do not include charges for:<br />

• That part or all of any nursing care that does not require the education, training, and technical skills of<br />

a R.N. or L.P.N.; such as transportation, meal preparation, charting of vital signs and companionship<br />

activities; or<br />

• Any private duty nursing care, given while the Covered Individual is an Inpatient in a Hospital or other<br />

health care facility; or<br />

• Care provided to help a Covered Individual in the activities of daily life; such as bathing, feeding,<br />

personal grooming, dressing, getting in and out of bed or a chair, or toileting; or<br />

• Care provided solely for skilled observation except as follows:<br />

o For no more than one, four hour period per day for a period of no more than 10 consecutive days<br />

following the occurrence of:<br />

� Change in patient medication;<br />

� Need for treatment of an Emergency condition by a Physician, or the onset of symptoms<br />

indicating the likely need for such services;<br />

� Surgery<br />

� Release from Inpatient confinement; or<br />

o Any service provided solely to administer oral medicines; except where applicable law requires<br />

that such medicines be administered by a R.N. or L.P.N.<br />

Covered Expenses for Home <strong>Health</strong> Care do not include charges for:<br />

• Services or supplies that are not a part of the Home <strong>Health</strong> Care plan<br />

• Services of a social worker<br />

• That part or all of any nursing care that does not require the education, training and technical skills of<br />

a R.N. or L.P.N.; such as transportation, meal preparation, charting of vital signs, and companionship<br />

activities<br />

PREVENTIVE PHYSICAL EXAM EXPENSES<br />

The charges made by your Primary Care Physician or a Preferred Care Provider for a routine physical<br />

exam given to you, your spouse, or your Dependent child may be included as Covered Expenses. A<br />

routine physical exam is a medical exam given by a Physician for a reason other than to diagnose or treat<br />

a suspected or identified Injury or Illness. Included are:<br />

• X-rays, laboratory and other tests including a Pap Smear given in connection with the exam; and<br />

• Materials for the administration of immunizations for infectious disease and testing for tuberculosis.<br />

FOR A DEPENDENT CHILD:<br />

To qualify as a covered physical exam, the Physician's exam must include at least:<br />

• A review and written record of the Dependent child’s complete medical history;<br />

• A check of all body systems; and<br />

• A review and discussion of the exam results with the Dependent child or with the parent or guardian.<br />

For all exams given to your child under age 17, Covered Expenses will only include charges for:<br />

53


• Seven exams in the first 12 months of life;<br />

• Three exams in the second 12 months of life;<br />

• Three exams in the third 12 months of life; and<br />

• One annual physical examination thereafter.<br />

For all exams given to your child age 18 and over, Covered Expenses will not include charges for more<br />

than one exam per calendar year.<br />

FOR YOU AND YOUR SPOUSE:<br />

For all exams given to you or your spouse, Covered Expenses will not include charges for more than:<br />

• One exam in per calendar year for a person under age 65; and<br />

• One exam in per calendar year for a person age 65 and over.<br />

Also included, as Covered Expenses are charges made by a Physician for one annual routine<br />

gynecological exam. Included, as part of the exam is a routine Pap Smear.<br />

LIMITATIONS TO PREVENTIVE PHYSICAL EXAM EXPENSES<br />

This section does not cover charges for:<br />

• Services which are covered to any extent under any other part of this Plan or any other group plan<br />

sponsored by your Employer;<br />

• Services which are for diagnosis or treatment of a suspected or identified Injury or Illness;<br />

• Exams given while the Covered Individual is confined in a Hospital or other place for medical care;<br />

• Services not given by a Physician or under his or her direction;<br />

• Medicines, drugs, appliances, equipment or supplies;<br />

• Psychiatric, psychological, personality or emotional testing or exams;<br />

• Exams in any way related to employment;<br />

• Premarital exams;<br />

• Vision, hearing or dental exams;<br />

• A Physician's office visit in connection with immunization or testing for tuberculosis; or<br />

• Services and supplies furnished by a Non-Preferred Care Provider.<br />

PREVENTIVE HEARING EXAM EXPENSES<br />

Covered Expenses include charges for an audiometric exam. The services must be performed by:<br />

• A Physician certified as an otolaryngologist or otologist; or<br />

• An audiologist who either:<br />

o Is legally qualified in audiology; or<br />

o Holds a certificate of Clinical Competence in Audiology from the American Speech and Hearing<br />

Association in the absence of any applicable licensing requirements; and<br />

o Who performs the exam at the written direction of a legally qualified otolaryngologist or otologist.<br />

Covered Expenses will only cover charges for one hearing exam in per calendar year.<br />

54


Not included are charges for:<br />

• Any ear or hearing exam to diagnose or treat an Illness or Injury;<br />

• Drugs or medicines;<br />

• Any hearing care service or supply which is a Covered Expense in whole or in part under any other<br />

part of this Plan or under any other plan of group benefits provided through your Employer;<br />

• Any hearing care service or supply for which a benefit is provided under any workers' compensation<br />

law or any other law of like purpose, whether benefits are payable as to all or only part of the charges;<br />

• Any hearing care service or supply which does not meet professionally accepted standards;<br />

• Any service or supply received while the person is not a Covered Individual;<br />

• Any exams given while the Covered Individual is confined in a Hospital or other facility for medical<br />

care;<br />

• Any exam required by an employer as a condition of employment, or which an employer is required to<br />

provide under a labor agreement or is required by any law of a government, or<br />

• Any service or supply furnished by a Non-Preferred Care Provider.<br />

HOSPICE CARE EXPENSES<br />

Charges made for the following furnished to a Covered Individual for Hospice Care when given as a part<br />

of a Hospice Care program are included as Covered Medical Expenses.<br />

FACILITY EXPENSES<br />

The charges made in its own behalf by a:<br />

• Hospice Facility;<br />

• Hospital; or<br />

• Convalescent Facility.<br />

Which are for:<br />

INPATIENT CARE<br />

Room and Board and other services and supplies furnished to a Covered Individual while a full-time<br />

Inpatient for: pain control and other acute and chronic symptom management.<br />

• Not included is any charge for daily room and board in a private room over the Private Room Limit.<br />

OUTPATIENT CARE<br />

Services and supplies furnished to a Covered Individual while not confined as a full-time Inpatient.<br />

OTHER EXPENSES FOR OUTPATIENT CARE<br />

Charges made by a Hospice Care Agency for:<br />

• Part-time or intermittent nursing care by an R.N. or L.P.N. for up to eight hours in any one day.<br />

• Medical social services under the direction of a Physician. These include:<br />

o Assessment of the Covered Individual’s:<br />

� Social, emotional, and medical needs; and<br />

55


� The home and family situation;<br />

� Identification of the community resources which are available to the Covered Individual; and<br />

� Assisting the Covered Individual to obtain those resources needed to meet his or her<br />

assessed needs.<br />

• Psychological and dietary counseling.<br />

• Consultation or case management services by a Physician.<br />

• Physical and occupational therapy.<br />

• Part-time or intermittent home health aide services for up to eight hours in any one day (these consist<br />

mainly of caring for the Covered Individual).<br />

• Medical supplies<br />

• Drugs and medicines prescribed by a Physician.<br />

Charges made by the Providers below for Outpatient Care, but only if: the Provider is not an associate of<br />

a Hospice Care Agency; and such Agency retains responsibility for the care of the Covered Individual.<br />

• A Physician for consultant or case management services.<br />

• A physical or occupational therapist.<br />

• A Home <strong>Health</strong> Care Agency for:<br />

o Physical and occupational therapy;<br />

o Part-time or intermittent home health aide services for up to eight hours in any one day; these<br />

consist mainly of caring for the Covered Individual;<br />

o Medical supplies;<br />

o Drugs and medicines prescribed by a Physician; and<br />

o Psychological and dietary counseling.<br />

Not included are charges made:<br />

• For bereavement counseling<br />

• For funeral arrangements<br />

• For pastoral counseling<br />

• For financial or legal counseling (his includes estate planning and the drafting of a will)<br />

• For homemaker or caretaker services(these are services which are not solely related to care of the<br />

Covered Individual. These include: sitter or Companion services for either the Covered Individual who<br />

is ill or other members of the family; transportation; housecleaning; and maintenance of the house.)<br />

• For respite care in excess of 60 days per calendar year (this is care furnished during a period of time<br />

when the Covered Individual’s family or usual caretaker cannot, or will not, attend to his or her needs)<br />

OUTPATIENT SHORT-TERM REHABILITATION EXPENSE COVERAGE<br />

The charges made by:<br />

• A Physician; or<br />

• A licensed or certified physical, occupational or speech therapist;<br />

for the following services for treatment of acute conditions are Covered Expenses<br />

56


Short-term rehabilitation is therapy which is expected to result in the improvement of a body function<br />

which has been lost or impaired due to:<br />

• An Injury;<br />

• An Illness; or<br />

• Congenital defect. (excludes speech therapy)<br />

Short-term rehabilitation services consist of:<br />

• Physical therapy;<br />

• Occupational therapy, or<br />

• Speech therapy<br />

furnished to a Covered Individual who is not confined as an Inpatient in a Hospital or other facility for<br />

medical care. This therapy shall be expected to result in significant improvement of the Covered<br />

Individual’s condition within 60 days from the date the therapy begins.<br />

Not covered are charges for:<br />

• Services which are covered to any extent under any other part of this Plan<br />

• Any services, which are, Covered Expenses in whole or in part under any other group plan sponsored<br />

by an Employer<br />

• Services received while the Covered Individual is confined in a Hospital or other facility for medical<br />

care<br />

• Services not performed by a Physician or under his or her direct supervision<br />

• Services rendered by a physical, occupational, or speech therapist who resides in the Covered<br />

Individual’s home or who is a part of the family of either the Covered Individual or the Covered<br />

Individual's spouse<br />

• Services rendered for the treatment of delays in speech development resulting from:<br />

o Congenital defect unless following surgery<br />

o Learning disability<br />

• Special education, including lessons in sign language, to instruct a Covered Individual whose ability<br />

to speak has been lost or impaired to function without that ability<br />

• Treatment for which a benefit is or would be provided under the Spinal Manipulation Expenses<br />

section, whether or not benefits for the maximum number of visits under that section have been paid<br />

Also, not covered are any services unless they are provided in accordance with a specific treatment plan<br />

which:<br />

• details the treatment to be rendered and the frequency and duration of the treatment<br />

• provides for ongoing reviews and is renewed only if therapy is still necessary<br />

PRESCRIPTION DRUGS<br />

Prescription Drugs that are necessary for the treatment of an Illness or Injury of a Covered Individual when<br />

prescribed by a Physician are covered as described below. Drugs furnished during a Hospital confinement will be<br />

payable as described the Covered Services section of this SPD.<br />

Prescription Drugs purchased in a participating pharmacy are covered by the Prescription Drug benefit<br />

administered by CVS Caremark. The participating pharmacy will fill the prescription with a generic equivalent,<br />

57


unless a generic substitute is not available. For each new or refilled prescription, you simply pay the<br />

Copayment or Coinsurance shown in the <strong>Benefits</strong> Summary. When drugs are purchased at a pharmacy, the<br />

Prescription Drug program will allow up to a 34-day supply. If you need a brand name drug and a generic<br />

equivalent drug is available you will be charged the difference in ingredient cost between the brand and<br />

generic drug, in addition to the brand Copayment.<br />

Maintenance drugs (to treat long-term or chronic medical conditions) can be obtained by mail through a<br />

CVS Caremark Mail Service Pharmacy. This program allows you to save money by receiving a 90-day<br />

supply of medication for a low Copayment or Coinsurance.<br />

COVERED DRUGS<br />

The following are covered drugs unless listed as an exclusion below:<br />

• Federal Legend Drugs<br />

• State Restricted Drugs<br />

• Compounded Medications of which at least one ingredient is a legend drug<br />

• Insulin<br />

• Needles and Syringes<br />

• OTC Diabetic Test Strips and Lancets<br />

• Retin-A through age 25<br />

• Tazorac cream through age 25<br />

• Zostavax *<br />

• Pediatric Fluoride Vitamins*<br />

• Legend Pediatric Fluoride Vitamin Drops up to a 50-day supply<br />

• Inhalers, Assisted Devices<br />

*Age limit may apply under medical or dental benefit<br />

PRIOR AUTHORIZATION REQUIRED<br />

The following drugs are covered only after CVS Caremark receives prior authorization from your Physician:<br />

• Retin-A/Avita/Altinac (cream only) age 26 and older<br />

• Tazorac cream age 26 and over<br />

• Growth hormones/Growth Hormone Releasing Hormones<br />

• Oral Contraceptives (except Emergency Contraceptives) for females only<br />

• 91 day Pre-packaged Oral Contraceptives up to a 91-day supply for females only<br />

• PDST (Preferred Drug Step Therapy) - For a list of drugs that require PDST, contact CVS Caremark<br />

customer service<br />

• Transdermal and Intravaginal Contraceptives for females only<br />

• Anti-Obesity/Weight Loss Drugs (Legend Anti-Obesity Preparations)<br />

• Erythroid Stimulants<br />

• <strong>My</strong>eloid Stimulants<br />

58


• Platelet Proliferation Stimulants<br />

• MS Agents<br />

• Tysabri<br />

• Interferons<br />

• Xolair<br />

• Provigil<br />

NOTE: Drugs for cancer therapy and the reasonable cost of administering them are usually covered. The<br />

Prescription Drug Plan may implement prior authorization rules to determine if the cancer therapy is eligible<br />

for coverage under the Plan based on the plan rules. Certain off-label uses of cancer drugs may not be<br />

eligible for coverage under the Plan if there is insufficient published evidence to determine the toxicity, safety<br />

and/or efficacy of the cancer therapy for the specific cancer it is prescribed to treat.<br />

EXCLUSIONS<br />

The following are excluded from coverage unless specifically listed as a benefit under “Covered Drugs”:<br />

• Non-Federal Legend Drugs<br />

• Contraceptive medications, jellies, creams, foams, devices, implants or injections, whether or not<br />

dispensed by prescription, which are purchased or prescribed for the sole purpose of preventing<br />

conception, including diaphragms<br />

• Emergency contraceptives<br />

• Retin-A (except cream) age 26 and older<br />

• Non-sedating antihistamines/non-sedating antihistamine combo products (SPECs: Z2O, Z2Q)<br />

• Zostavax through age 59<br />

• Drug to treat impotency<br />

• Mifeprex<br />

• Therapeutic devices or appliances<br />

• Drugs whose sole purpose is to promote or stimulate hair growth or for cosmetic purposes only (e.g.,<br />

Rogain)<br />

• Allergy Sera<br />

• Biologicals, Immunization agents or Vaccines<br />

• Blood or blood plasma products<br />

• Drugs labeled "Caution-limited by Federal law to investigational use", or Experimental drugs, even<br />

though a charge is made to the Covered Individual<br />

• Medication for which the cost is recoverable under any Workers' Compensation or Occupational Disease<br />

Law or any State or Governmental Agency, or medication furnished by any other Drug or Medical<br />

Service for which no charge is made to the Covered Individual<br />

• Medication which is to be taken by or administered to a Covered Individual, in whole or in part, while he<br />

or she is a patient in a licensed Hospital, rest home, sanitarium, extended care facility, skilled nursing<br />

facility, Convalescent Facility, nursing home or similar institution which operates on its premises or allows<br />

to be operated on its premises, a facility for dispensing pharmaceuticals<br />

59


• Any prescription refilled in excess of the number of refills specified by the Physician, or any refill<br />

dispensed after one year from the Physician's original order<br />

• Charges for the administration or injection of any drug<br />

• Non-prescription smoking cessation procedures and smoking deterrents<br />

DISPENSING LIMITS<br />

• The amount of drug which is to be dispensed per prescription or refill (regardless of dosage form) will be<br />

in quantities prescribed up to a 34-day supply.<br />

• Thalomid limited to a 28-day supply.<br />

FILING CLAIMS<br />

In certain situations, you or your Dependent will have to file your own claims in order to obtain benefits for<br />

Prescription Drugs. This is primarily true when you or your Dependent did not receive an ID card, the<br />

pharmacy was unable to transmit a claim or you or your Dependent purchases a drug at a pharmacy that<br />

does not participate in the CVS Caremark program. To do so, follow these instructions:<br />

1) Complete a Prescription Drug claim form. These forms are available from your Employer or the<br />

Prescription Drug Claim Administrator’s office.<br />

2) Attach copies of all pharmacy receipts to be considered for benefits. These receipts must be itemized.<br />

3) Mail the completed claim form with attachments to:<br />

CVS Caremark<br />

P.O. Box 94467<br />

Palatine, IL 60094-4467<br />

In any case, claims must be filed no later than one year after the date a service or supply is received.<br />

Claims not filed within one year from the date a service or supply is received will not be eligible for<br />

payment.<br />

If you or your Dependent purchases a drug at a pharmacy that does not participate in the CVS Caremark<br />

program, and your claim is approved, you will be reimbursed the amount that would have been paid to the<br />

pharmacy minus the cash Copayment you would have paid at a participating pharmacy.<br />

If your claim is wholly or partially denied, within 30 days after its receipt of your claim, the Prescription<br />

Drug Claims Administrator will notify you of its decision in a written or electronic communication pursuant<br />

to Department of Labor Regulations Sections 2520.104b-1(c)(1), (iii) and (iv), which will contain:<br />

1) The specific reason(s) for the denial;<br />

2) References to the pertinent Plan provisions on which the decision is based;<br />

3) A description of any additional material or information needed to support the claim;<br />

4) A description of the Plan’s claim review procedure and the time limits applicable to such procedure;<br />

5) Reference to any internal rule, guideline or protocol relied upon in making the decision; and<br />

6) If the claim denial is based on a Medical Necessity or Experimental treatment or similar exclusion or<br />

limit, either an explanation of the scientific or clinical judgment for the adverse determination, applying<br />

the terms of the Plan to your medical circumstances, or a statement that such explanation will be<br />

provided free of charge upon request.<br />

60


Effective July 1, 2011 (or such later date required by applicable law), the notification will also include:<br />

7) Information sufficient to identify the claim involved, including the date of service, the health care<br />

provider, the Claim amount (if applicable), the diagnosis code and its corresponding meaning, and the<br />

treatment code and its corresponding meaning;<br />

8) The denial code, if any, and its corresponding meaning;<br />

9) A description of the standard, if any, that was used in denying the claim; and<br />

10) A description of available external review processes, including instructions on how to initiate an<br />

appeal.<br />

A 15-day extension of the time period for deciding claims may be allowed, provided that the Claim<br />

Administrator determines that the extension is necessary due to matters beyond its control. If such an<br />

extension is necessary, the Claim Administrator must notify you before the end of the 30-day period of the<br />

reason(s) requiring the extension and the date it expects to provide a decision on your claim. If such an<br />

extension is necessary due to your failure to submit the information necessary to decide the claim, the<br />

notice of extension must also specifically describe the required information. You then have 45 days to<br />

provide the information needed to process your claim. If you do not provide the required information<br />

within the 45-day period, your claim may be denied. If an extension is necessary due to your failure to<br />

submit necessary information, the Plan’s time frame for making a benefit determination is stopped from<br />

the date the Claim Administrator sends you an extension notification until the date you respond to the<br />

request for additional information, or the expiration of the 45-day period within which you were to provide<br />

the additional information, if earlier. The Claim Administrator will notify you of its determination with<br />

respect to your claim within 15 days after the earlier of these dates.<br />

CLAIMS APPEAL PROCEDURES<br />

If your claim has been denied in whole or in part you may appeal the decision. Your written request for<br />

review or reconsideration must be made in writing to the address indicated in the claim denial letter within<br />

180 days after you receive notice of a claim denial. While the Claim Administrator will honor telephone<br />

requests for information, such inquiries will not constitute a request for appeal. You may designate a<br />

representative to act for you in the appeal procedure. Your designation of a representative must be in<br />

writing as it is necessary to protect against disclosure of information about you except to your Authorized<br />

Representative.<br />

As part of your appeal, you or your Authorized Representative have the right to:<br />

1) Submit written comments, documents, records and other information relating to your claim for<br />

benefits that you wish to have considered;<br />

2) Request, free of charge, reasonable access to, and copies of, all documents, records and other<br />

information relevant to your claim for benefits;<br />

3) A review that takes into account all comments, documents, records and other information submitted<br />

by you related to the claim, regardless of whether the information was submitted or considered in the<br />

initial benefit determination;<br />

4) A review that does not defer to the initial claim determination and that is conducted by someone other<br />

than the individual who made the adverse determination, and who is not such person’s subordinate;<br />

and<br />

5) In cases where the claim denial was based in whole or in part on medical judgment, require the<br />

individual reviewing the appeal to consult with a <strong>Health</strong> Care Professional who has appropriate<br />

training and experience in the field of medicine involved in the medical judgment, who was not<br />

consulted in connection with the initial claim determination, and who is not such person’s subordinate.<br />

Ordinarily, a decision on an appeal will be reached within 30 days after receipt of your appeal.<br />

61


The Claim Administrator will notify you if your appeal is denied. Such notification will include:<br />

1) The specific reason(s) for the denial;<br />

2) References to the pertinent Plan provisions on which the denial is based;<br />

3) Reference to any internal rule, guideline or protocol relied upon in making the decision;<br />

4) If the claim denial is based on a Medical Necessity or Experimental treatment or similar exclusion or<br />

limit, either an explanation of the scientific or clinical judgment for the adverse determination, applying<br />

the terms of the Plan to your medical circumstances, or a statement that such explanation will be<br />

provided free of charge upon request;<br />

5) A statement that you are entitled to receive, upon request and free of charge, reasonable access to,<br />

and copies of, all documents, records and other information relevant to your claim; and<br />

6) Information concerning your right to bring a civil action for benefits under section 502(a) of ERISA.<br />

Effective July 1, 2011 (or such later date required by applicable law), if your claim appeal is going to be<br />

denied by the Claim Administrator, the Claim Administrator must provide you, free of charge, any new or<br />

additional evidence considered, relied upon, or generated by the Claim Administrator (or at the direction<br />

of the Claim Administrator) in connection with the claim appeal. Any such evidence will be provided as<br />

soon as possible and sufficiently in advance of the date on which the Claim Administrator’s notice of its<br />

decision on your claim appeal must be provided so that you have a reasonable opportunity to respond<br />

prior to that date. In addition, effective July 1, 2011 (or such later date required by applicable law), if the<br />

claim Administrator’s decision on your claim appeal is based on a new or additional rationale from the<br />

initial claim decision, you will be provided, free of charge, with the rationale as soon as possible and<br />

sufficiently in advance of the date on which the Claim Administrator’s notice of its decision on your claim<br />

appeal must be provided so that you have a reasonable opportunity to respond prior to that date.<br />

EXTERNAL REVIEW<br />

Effective January 1, 2011 (or such later date required by applicable law), there will be an external review<br />

process for claim review denials (except a denial, reduction, termination, or a failure to provide payment<br />

for a benefit based on a determination that you are not eligible under the terms of the Plan). Information<br />

regarding the external review process is available by contacting CVS Caremark Customer Service at 800-<br />

875-0867.<br />

Your Prescription Drug Copayments are not eligible expenses in this Plan and may not be applied to any<br />

Deductible or Out-of-Pocket Maximum expense limits.<br />

Controlled drugs cannot be purchased through the mail order program.<br />

NOTE: This Plan does not coordinate benefits on Prescription Drug charges that are provided through<br />

Pharmacy Benefit Managers.<br />

For questions related to your Prescription Drug plan, contact CVS Caremark at 800-875-0867.<br />

NON-SURGICAL WEIGHT LOSS PROGRAMS/SMOKING CESSATION<br />

The Plan will cover services for non-surgical weight loss treatment /smoking cessation therapy. These<br />

benefits are not subject to Deductible and Out-of-Pocket Maximums. <strong>Benefits</strong> are payable at 100% up to a<br />

$500 annual maximum and include:<br />

• Outpatient counseling or therapy;<br />

• Office visits rendered by a licensed Physician for the treatment of weight loss / smoking cessation;<br />

• Lab services performed during a course of treatment; and<br />

62


• Services for weight loss render by a <strong>Trinity</strong> <strong>Health</strong> Ministry Organization or national recognized<br />

programs such as Jenny Craig, Weight Watchers and LA Weight Loss.<br />

NOT COVERED:<br />

• Services administered exclusively in a Web-based forum;<br />

• Pharmacotherapy and/or injection expenses associated with smoking cessation or weight loss,<br />

unless otherwise covered for an unrelated medical condition (pharmacotherapy expenses associated<br />

with smoking cessation or weight loss are covered under the prescription drug program under the<br />

Plan);<br />

• Charges for food and/or nutritional supplements, unless included in the initial program fee;<br />

• Charges for over-the-counter diet aids and/or smoking cessation aids;<br />

• <strong>Health</strong> clubs and exercise equipment;<br />

• Services and/or programs not approved in the United States; and<br />

• Charges in connection with acupuncture, hypnotism, and/or biofeedback training.<br />

SPINAL DISORDER TREATMENT BENEFIT<br />

Covered Expenses include charges incurred for:<br />

• Manipulative (adjustive) treatment; or<br />

• Other physical treatment;<br />

of any condition caused by or related to biomechanical or nerve conduction disorders of the spine.<br />

The Chiropractic maximum does not apply to expenses incurred:<br />

• While the person is a full-time Inpatient in a Hospital;<br />

• For treatment of scoliosis;<br />

• For fracture care; or<br />

• For Surgery (including pre and post-surgical care given or ordered by the operating Physician).<br />

OTHER MEDICAL EXPENSES<br />

Covered Expenses include:<br />

• Charges made by a Physician<br />

• Charges for the following:<br />

o Diagnostic lab work and X-rays<br />

o X-ray, radium, and radioactive isotope therapy<br />

o Anesthetics and oxygen<br />

• Rental of durable medical and surgical equipment. In lieu of rental, the following may be covered:<br />

o The initial purchase of such equipment if Aetna is shown that: long-term care is planned; and that<br />

such equipment: either cannot be rented; or is likely to cost less to purchase than to rent<br />

o Repair of purchased equipment<br />

63


o Replacement of purchased equipment if Aetna is shown that it is needed due to a change in the<br />

Covered Individual’s physical condition; or it is likely to cost less to purchase a replacement than to<br />

repair existing equipment or to rent like equipment<br />

• Professional ambulance service to transport a person from the place where he or she is Injured or<br />

stricken by Illness to the first Hospital where treatment is given<br />

• Artificial limbs and eyes<br />

Covered Expenses do not included are such things as:<br />

• Eyeglasses;<br />

• Vision aids;<br />

• Hearing aids;<br />

• Communication aids<br />

64


COMPLEX IMAGING SERVICES<br />

Covered Expenses include charges for Complex Imaging Services received by a Covered Individual on an<br />

Outpatient basis when performed in:<br />

1) A Physician's office<br />

2) A Hospital Outpatient department or emergency room<br />

3) A Hospital confinement<br />

4) A licensed radiological facility<br />

Complex Imaging Services include:<br />

1) C.A.T. Scans;<br />

2) Magnetic Resonance Imaging (MRIs);<br />

3) Positron Emission Tomography (PET Scans); and<br />

4) any other Outpatient diagnostic imaging service costing over $500.<br />

Deductibles, Copayments and other cost sharing features; maximum benefit amounts; and exclusions apply<br />

NATIONAL MEDICAL EXCELLENCE PROGRAM ® (NME)<br />

The NME Program coordinates all solid organ and bone marrow transplants and other specialized care that<br />

cannot be provided within an NME Patient's local geographic area. When care is directed to a facility<br />

("Medical Facility") more than 100 miles from the person's home, this Plan will pay a benefit for Travel and<br />

Lodging Expenses, but only to the extent described in the <strong>Benefits</strong> Summary. See the <strong>Benefits</strong> Summary for<br />

the Plan Lodging and Travel Expenses Maximums.<br />

TRAVEL EXPENSES<br />

These are expenses incurred by an NME Patient for transportation between his or her home and the Medical<br />

Facility to receive services in connection with a procedure or treatment.<br />

Also included are expenses incurred by a Companion for transportation when traveling to and from an NME<br />

Patient’s home and the Medical Facility to receive such services.<br />

LODGING EXPENSES<br />

These are expenses incurred by an NME Patient for lodging away from home while traveling between his or<br />

her home and the Medical Facility to receive services in connection with a procedure or treatment.<br />

The benefit payable for these expenses will not exceed the Lodging Expenses Maximum per person per<br />

night.<br />

Also included are expenses incurred by a Companion for lodging away from home:<br />

• While traveling with an NME Patient between the NME Patient’s home and the Medical Facility to receive<br />

services in connection with any listed procedure or treatment; or<br />

• When the Companion’s presence is required to enable an NME Patient to receive such services from the<br />

Medical Facility on an Inpatient or Outpatient basis.<br />

The benefit payable for these expenses will not exceed the Lodging Expenses Maximum per person per<br />

night.<br />

For the purpose of determining NME Travel Expenses or Lodging Expenses, a Hospital or other temporary<br />

residence from which an NME Patient travels in order to begin a period of treatment at the Medical Facility, or<br />

65


to which he or she travels after discharge at the end of a period of treatment, will be considered to be the<br />

NME Patient’s home.<br />

TRAVEL AND LODGING BENEFIT MAXIMUM<br />

For all Travel Expenses and Lodging Expenses incurred in connection with any one procedure or treatment<br />

type:<br />

• The total benefit payable will not exceed the Travel and Lodging Maximum per episode of care<br />

• <strong>Benefits</strong> will be payable only for such expenses incurred during a period which begins on the day a<br />

Covered Individual becomes an NME Patient and ends on the earlier of:<br />

o One year after the day the procedure is performed; or<br />

o The date the NME Patient ceases to receive any services from the facility in connection with the<br />

procedure.<br />

<strong>Benefits</strong> paid for Travel Expenses and Lodging Expenses do not count against any Covered Individual’s<br />

Maximum Benefit.<br />

LIMITATIONS<br />

Travel Expenses and Lodging Expenses do not include, and no benefits are payable for, any charges which<br />

are included as Covered Expenses under any other part of this Plan.<br />

Travel Expenses do not include expenses incurred by more than one Companion who is traveling with the<br />

NME Patient.<br />

Lodging Expenses do not include expenses incurred by more than one Companion per night.<br />

WEIGHT MANAGEMENT<br />

The Plan provides for services as described below. For plan coverage specifics please refer to the <strong>Benefits</strong><br />

Summary.<br />

COVERED EXPENSES<br />

All expenses related to the treatment of Morbid Obesity that are otherwise payable under the Plan will be<br />

considered allowable expenses (e.g. Surgery, hospitalization, anesthesia, office visits for a Physician, lab<br />

testing, psychotherapy, etc. Services will be payable as described in each respective section). For purposes<br />

of determining these benefits, the Plan will base the determination of Morbid Obesity on the Covered<br />

Individual’s Body Mass Index (BMI) or overweight status. A BMI greater than 40, or more than 80 pounds<br />

overweight for a female or more than 100 pounds overweight for a male will be considered indicative of<br />

Morbid Obesity. A BMI greater than 35 but less than 40 will also be considered indicative of Morbid Obesity<br />

where the patient has one or more of the following co-morbid conditions; severe sleep apnea, Pickwickian<br />

syndrome, Congestive heart failure, cardiomyopathy, Insulin dependent diabetes or severe musculoskeletal<br />

dysfunction, that are either life threatening or which significantly impair a major life function (e.g., mobility,<br />

ability to work, ability to self care). Documentation of the medical treatment of the co-morbid conditions that<br />

demonstrates the Covered Individual meets these criteria must be provided.<br />

Additionally, the Plan will review Covered Individual’s history for optimal candidacy for any proposed surgical<br />

treatment according to current, generally accepted medical practices. For example, this review will consider<br />

whether the Covered Individual has been unable to lose weight through non-surgical, conventional measures<br />

and whether the Covered Individual’s ability to manage the surgical intervention and required post-operative<br />

care has been assessed through a psychological evaluation.<br />

The Plan will review if the Covered Individual has undergone a Physician supervised nutrition, exercise and<br />

weight loss program for a minimum of six months, within the 12 months immediately preceding the proposed<br />

66


Surgery, during which the Covered Individual was found unable to meet the Physician’s weight loss goals.<br />

Unsuccessful weight loss attempts and lifestyle changes will require documentation by medical office<br />

progress notes and a letter from the attending Physician as to why non-invasive weight loss attempts are no<br />

longer a standard of care for the patient.<br />

If confirmation is obtained from the attending surgeon that the program the Covered Individual will be under<br />

includes a complete support team with required follow ups, etc. a psychological evaluation is not required.<br />

Other limitations include:<br />

1) Appendectomies and cholecystectomies in conjunction with surgical treatment of Morbid Obesity will be<br />

considered incidental and not covered unless the Covered Individual has an existing condition that<br />

requires the additional surgical treatment.<br />

2) Subsequent panniculectomy (Surgery to remove loose skin) resulting from weight loss will be covered<br />

only if it is Medically Necessary as a result a documented history of treatment by a Physician for related<br />

Illnesses for a minimum of six months where the treated condition is no longer controlled through any<br />

other means.<br />

3) Bariatric Surgical intervention beyond one course of treatment per lifetime.<br />

NOTE: Please refer to the sections titled CONSULTATIONS, LABORATORY/PATHOLOGICAL TESTING,<br />

X-RAY AND X-RAY INTERPRETATION and OFFICE VISITS for information regarding coverage for<br />

consultations, laboratory/pathological tests, x-rays and office visits related to covered weight management<br />

procedures.<br />

NOT COVERED:<br />

Prescription drugs without prior authorization<br />

LIMITATIONS<br />

PREVENTIVE MAMMOGRAM<br />

Even though not incurred in connection with an Illness or Injury, Covered Expenses include charges incurred<br />

by a female age 35 or over for a routine mammogram as follows:<br />

• One baseline mammogram, for a person age 35 but less than 40.<br />

• One mammogram each calendar year, for a person age 40 or over.<br />

PREVENTIVE SCREENING FOR CANCER<br />

Even though not incurred in connection with an Illness or Injury, Covered Expenses include charges incurred<br />

for:<br />

• One digital rectal exam and a prostate specific antigen (PSA) test each calendar year, for a male age 40<br />

or over; and<br />

• One colorectal cancer screening every 10 years, for persons age 50 or over, for routine screening for<br />

cancer.<br />

• Also covers one sigmoidoscopy each calendar year, for a person age 40 or over.<br />

MOUTH, JAWS AND TEETH<br />

Covered Expenses include the services rendered and supplies needed for treatment of or related to<br />

conditions of the following:<br />

• Teeth, mouth, jaws, jaw joints; or<br />

67


• Supporting tissues (this includes bones, muscles, and nerves).<br />

For these expenses, "Physician" includes a Dentist.<br />

Surgery needed to:<br />

• Treat a fracture, dislocation, or wound.<br />

• Cut out:<br />

o Teeth partly or completely impacted in the bone of the jaw;<br />

o Teeth that will not erupt through the gum;<br />

o Other teeth that cannot be removed without cutting into bone;<br />

o The roots of a tooth without removing the entire tooth;<br />

o Cysts, tumors, or other diseased tissues.<br />

• Cut into gums and tissues of the mouth. This is only covered when not done in connection with the<br />

removal, replacement or repair of teeth.<br />

• Alter the jaw, jaw joints or bite relationships by a cutting procedure when appliance therapy alone cannot<br />

result in functional improvement<br />

Non-surgical treatment of infections or diseases. This does not include those of or related to the teeth.<br />

Dental work, Surgery and Orthodontic Treatment needed to remove, repair, replace, restore or reposition of<br />

the following due to injury:<br />

• Natural teeth damaged, lost, or removed; or<br />

• Other body tissues of the mouth fractured or cut.<br />

Any such teeth must have been:<br />

• Free from decay; or<br />

• In good repair; and<br />

• Firmly attached to the jaw bone at the time of the Injury.<br />

The treatment must be done in the calendar year of the accident or the next one.<br />

If:<br />

• Crowns (caps); or<br />

• Dentures (false teeth); or<br />

• Bridgework; or<br />

• In-mouth appliances;<br />

Are installed due to such Injury, Covered Expenses include only charges for:<br />

• The first denture or fixed bridgework to replace lost teeth;<br />

• The first crown needed to repair each damaged tooth; and<br />

• An in-mouth appliance used in the first course of Orthodontic Treatment after the Injury.<br />

Except as provided for Injury, Covered Expenses do not include charges:<br />

• For in-mouth appliances, crowns, bridgework, dentures, tooth restorations, or any related fitting or<br />

adjustment services; whether or not the purpose of such services or supplies is to relieve pain;<br />

68


• For root canal therapy;<br />

• For routine tooth removal (not needing cutting of bone).<br />

In addition, Covered Expenses do not include charges:<br />

• To remove, repair, replace, restore or reposition teeth lost or damaged in the course of biting or chewing;<br />

• To repair, replace, or restore filling, crowns, dentures or bridgework;<br />

• For non-surgical periodontal treatment;<br />

• For dental cleaning, in-mouth scaling, planning or scraping;<br />

• For myofunctional therapy; this is:<br />

o Muscle training therapy; or<br />

o Training to correct or control harmful habits.<br />

EMERGENCY ROOM TREATMENT<br />

EMERGENCY CARE<br />

If treatment:<br />

• Is received in the emergency room of a Hospital while a person is not a full-time Inpatient; and<br />

• The treatment is Emergency Care;<br />

Covered Expenses for charges made by the Hospital for such treatment will be paid at the Payment<br />

Percentage.<br />

NON-EMERGENCY CARE<br />

<strong>Benefits</strong> will be payable at the payment percentage if treatment:<br />

• Is received in the emergency room of a Hospital while a person is not a full-time Inpatient; and<br />

• The treatment is not Emergency Care;<br />

TREATMENT BY AN URGENT CARE PROVIDER<br />

You should not seek medical care or treatment from an Urgent Care Provider if your Illness, Injury, or<br />

condition is an emergency condition. Please go directly to the emergency room of a Hospital or call 911 (or<br />

the local equivalent) for ambulance and medical assistance.<br />

URGENT CARE<br />

This Plan pays for the charges made by an Urgent Care Provider to evaluate and treat an Urgent Condition.<br />

When travel to an Urgent Care Provider for treatment of an Urgent Condition is not feasible, such treatment<br />

may be paid at the Preferred level of benefits. If a claim for treatment of an Urgent Condition is paid at the<br />

Non-Preferred level and you believe that it should have been paid at the Preferred level, please contact<br />

Members Services at the toll-free number on your I.D. card.<br />

NON-URGENT CARE<br />

For benefit coverage reference <strong>Benefits</strong> Summary for Covered Expenses for charges made by an Urgent<br />

Care Provider to treat a non-Urgent Condition.<br />

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Non-Urgent Care includes, but is not limited to, the following:<br />

• Routine or preventive care (this includes immunizations);<br />

• Follow-up care;<br />

• Physical therapy;<br />

• Elective surgical procedures; and<br />

• Any lab and radiologic exams which are not related to the treatment of the Urgent Condition.<br />

TREATMENT OF ALCOHOLISM, DRUG ABUSE, OR MENTAL DISORDERS<br />

Certain expenses for the treatment shown below are Covered Expenses.<br />

INPATIENT TREATMENT<br />

The following coverage applies if a Covered Individual is a full-time Inpatient in either a Hospital or a<br />

Residential Treatment Facility:<br />

HOSPITAL<br />

Covered Expenses include:<br />

• Treatment of the medical complications of alcoholism or drug abuse (this means such as cirrhosis of the<br />

liver, delirium tremens, or hepatitis)<br />

• Effective Treatment of Alcoholism or Drug Abuse<br />

• Effective Treatment of Mental Disorders<br />

RESIDENTIAL TREATMENT FACILITY<br />

Covered Expenses for the Effective Treatment of Alcoholism or Drug Abuse or the Treatment of Mental<br />

Disorders include:<br />

• Board and room (however, any charge for daily room and board in a private room over the Private Room<br />

Limit is not covered)<br />

• Other necessary services and supplies<br />

OUTPATIENT TREATMENT<br />

The following coverage applies if a Covered Individual is not a full-time Inpatient either a Hospital or a<br />

Residential Treatment Facility:<br />

Expenses for the Effective Treatment of Alcoholism or Drug Abuse or the Treatment of Mental Disorders are<br />

covered.<br />

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GENERAL EXCLUSIONS<br />

GENERAL EXCLUSIONS APPLICABLE TO HEALTH EXPENSE COVERAGE<br />

Coverage is not provided for the following charges:<br />

• Those for services and supplies not Medically Necessary, as determined by Aetna in accordance with the<br />

terms of the Plan, for the diagnosis, care, or treatment of the Illness or Injury involved. This applies even<br />

if they are prescribed, recommended, or approved by the Covered Individual's attending Physician.<br />

• Those for care, treatment, services, or supplies that are not prescribed, recommended, or approved by<br />

the Covered Individual's attending Physician.<br />

• Those for or in connection with services or supplies that are, as determined by Aetna, to be Experimental<br />

or Investigational. A drug, a device, a procedure, or treatment will be determined to be Experimental or<br />

Investigational if:<br />

o There are insufficient outcomes data available from controlled clinical trials published in the peer<br />

reviewed literature to substantiate its safety and effectiveness for the Illness or Injury involved; or<br />

o If required by the FDA, approval has not been granted for marketing; or<br />

o A recognized national medical or dental society or regulatory agency has determined, in writing, that<br />

it is Experimental, Investigational, or for research purposes; or<br />

o The written protocol or protocols used by the treating facility, or the protocol or protocols of any other<br />

facility studying substantially the same drug, device, procedure, or treatment, or the written informed<br />

consent used by the treating facility or by another facility studying the same drug, device, procedure,<br />

or treatment states that it is Experimental, Investigational, or for research purposes.<br />

However, this exclusion will not apply with respect to services or supplies (other than drugs) received in<br />

connection with an Illness; if Aetna determines that:<br />

• The Illness can be expected to cause death within one year, in the absence of Effective Treatment; and<br />

• The care or treatment is effective for that Illness or shows promise of being effective for that Illness as<br />

demonstrated by scientific data. In making this determination Aetna will take into account the results of a<br />

review by a panel of independent medical professionals. They will be selected by Aetna. This panel will<br />

include professionals who treat the type of disease involved.<br />

Also, this exclusion will not apply with respect to drugs that:<br />

• Have been granted treatment investigational new drug (IND) or Group c/treatment IND status; or<br />

• Are being studied at the Phase III level in a national clinical trial sponsored by the National Cancer<br />

Institute; if Aetna determines that available scientific evidence demonstrates that the drug is effective or<br />

shows promise of being effective for the Illness<br />

• Those for or related to services, treatment, education testing, or training related to learning disabilities or<br />

developmental delays<br />

• Those for care furnished mainly to provide a surrounding free from exposure that can worsen the<br />

Covered Individual’s Illness or Injury<br />

• Those for or related to the following types of treatment: primal therapy; rolfing; psychodramamegavitamin<br />

therapy; bioenergetic therapy; vision perception training; or carbon dioxide therapy<br />

• Those for treatment of covered health care providers who specialize in the mental health care field and<br />

who receive treatment as a part of their training in that field<br />

• Those for services of a resident Physician or intern rendered in that capacity<br />

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• Those that are made only because there is health coverage<br />

• Those that a Covered Individual is not legally obliged to pay<br />

• Those, as determined by Aetna, to be for Custodial Care<br />

• Those for services and supplies:<br />

o Furnished, paid for, or for which benefits are provided or required by reason of the past or present<br />

service of any person in the armed forces of a government<br />

o Furnished, paid for, or for which benefits are provided or required under any law of a government<br />

(this exclusion will not apply to "no fault" auto insurance if it: is required by law; is provided on other<br />

than a group basis; and is included in the definition of Other Plan in the section entitled Effect of<br />

<strong>Benefits</strong> Under Other Plans Not Including Medicare. In addition, this exclusion will not apply to: a<br />

plan established by government for its own associates or their dependents; or Medicaid.)<br />

• Those for or related to any eye Surgery mainly to correct refractive errors<br />

• Those for education or special education or job training whether or not given in a facility that also<br />

provides medical or psychiatric treatment<br />

• Those for therapy, supplies, or counseling for sexual dysfunctions or inadequacies that do not have a<br />

physiological or organic basis<br />

• Those for any drugs or supplies used for the treatment of erectile dysfunction, impotence, or sexual<br />

dysfunction or inadequacy, including but not limited to:<br />

o Sildenafil citrate;<br />

o Phentolamine;<br />

o Apomorphine;<br />

o Alprostadil; or<br />

o Any other drug that is in a similar or identical class, has a similar or identical mode of action or<br />

exhibits similar or identical outcomes.<br />

This exclusion applies whether or not the drug is delivered in oral, injectable, or topical (including but not<br />

limited to gels, creams, ointments, and patches) forms, except to the extent coverage for such drugs or<br />

supplies is specifically provided in your <strong>Benefits</strong> Summary.<br />

• Those for performance, athletic performance or lifestyle enhancement drugs or supplies, except to the<br />

extent coverage for such drugs or supplies is specifically provided in your <strong>Benefits</strong> Summary<br />

• Those for or related to sex change Surgery or to any treatment of gender identity disorders<br />

• Those for or related to artificial insemination, in-vitro fertilization, fertility drugs (refer to the Prescription<br />

Drug section on page 57), or embryo transfer procedures<br />

• GIFT (Gacmete Intrafallopian Transfer). ZIFT<br />

• Charges for contraceptive pills, devices, implants and injections, unless Medically Necessary<br />

• Those for routine physical exams, routine vision exams, routine dental exams, routine hearing exams,<br />

immunizations, or other preventive services and supplies, except to the extent coverage for such exams,<br />

immunizations, services, or supplies are specifically provided in your <strong>Benefits</strong> Summary<br />

• Those for or in connection with marriage, family, child, career, social adjustment, pastoral, or financial<br />

counseling<br />

• Those for acupuncture therapy. Not excluded is acupuncture when it is performed by a Physician as a<br />

form of anesthesia in connection with Surgery that is covered under this Plan<br />

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• Those for or in connection with speech therapy. This exclusion does not apply to charges for speech<br />

therapy that is expected to restore speech to a Covered Individual who has lost existing speech function<br />

(the ability to express thoughts, speak words, and form sentences) as the result of an Illness or Injury<br />

• Those for services and supplies that, in the opinion of the Claims Administrator or its Authorized<br />

Representative, are associated with Injuries, Illness, or conditions suffered due to the acts or omissions<br />

of a third party<br />

• Claims filed later than one year from the date the charge was incurred<br />

• Charges incurred by a surrogate mother<br />

• Termination of pregnancy (abortion)<br />

• Charges incurred as a result of committing an assault, felony or any illegal or criminal activity.<br />

• Services rendered for treatment of any Injury or Illness for which benefits are available under Workers’<br />

Compensation or Employer Liability Law, and such coverage must be purchased by law, whether or not<br />

such coverage is in force, and whether or not such benefits are received by the Covered Individual.<br />

Occupational Illness or Injury includes those as a result of any work for wage or profit.<br />

• Those for plastic surgery, reconstructive surgery, cosmetic surgery, or other services and supplies which<br />

improve, alter, or enhance appearance, whether or not for psychological or emotional reasons; except to<br />

the extent needed to:<br />

o Improve the function of a part of the body that:<br />

� Is not a tooth or structure that supports the teeth; and<br />

� Is malformed:<br />

• As a result of a severe birth defect; including cleft lip, webbed fingers, or toes; or<br />

• As a direct result of:<br />

o Illness; or<br />

o Surgery performed to treat an Illness or Injury.<br />

o Repair an Injury. Surgery must be performed:<br />

� In the calendar year of the accident which causes the Injury; or<br />

� In the next calendar year.<br />

o Those to the extent they are not Reasonable Charges, as determined by Aetna<br />

o Those for a voluntary sterilization procedure, reversal of a sterilization procedure, or abortion<br />

o Services, care, treatment, and referrals rendered by the Covered Individual’s family, including - but<br />

not limited to - spouse, mother, father, grandmother, grandfather, in-laws, son, daughter, stepchildren<br />

or any person who resides with the Covered Individual<br />

o Those for a service or supply furnished by a Preferred Care Provider in excess of such Provider's<br />

Negotiated Charge for that service or supply. This exclusion will not apply to any service or supply<br />

for which a benefit is provided under Medicare before the benefits of the Plan are paid.<br />

Any exclusion above will not apply to the extent that coverage of the charges is required under any law that<br />

applies to the coverage.<br />

These excluded charges will not be used when figuring benefits.<br />

The law of the jurisdiction where a Covered Individual lives when a claim occurs may prohibit some benefits.<br />

If so, they will not be paid.<br />

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This is a summary of the most important provisions of the Plan. Details of the Plan provisions can be<br />

found in the official Plan document. The Plan document is always used in cases requiring a legal<br />

interpretation of the Plan. If there is any difference between a Plan document and this summary, your<br />

rights will be based on the provisions of the Plan document (and any legal rules that require changes not<br />

yet written in to the Plan document).<br />

029142, 000036, 103722041.2<br />

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